Columlna  (Hnitiem'tp 

THE   LIBRARIES 


Bequest  of 

Frederic  Bancroft 

1860-1945 


THE 


Hn  lliileilearct|ilf« 


HARTFORD: 
PRESS    OK    THE    PI.INfPTON    M1<G.    CO. 

I  88o.' 


i^i^ice;  /feo  CTs. 


/ 


THE 


Rev.  Herbert  H.  Hayden 


AUTOBIOGRAPHY 


Mary  Stannard  Murder 


TRIED  ON  CIRCUMSTANTIAL  EVIDENCE 


ILLUSTRATED 


HARTFORD 
PRESS    OF    THE    PLIMPTON    MFG.    CO. 

1880 


(/ 


,v 


//3Af 


Entered  according  to  Act  of  Congress,  in  the  year  1880,  by 

HERBERT  H.  HAYDEN, 
in  the  OfSce  of  the  Librarian  of  Congress  at  Washington. 


fP"3^± 


39 

■'id 


CONTENTS 


PAGE 

Rev.  Herbert  H.  Hayden  (Portrait),              4 

Introduction,              ...........  5 

Mr.  and  Mrs.  Hayden  and  their  Children  (Portrait),    .....  16 

Autobiography,        ...........  17 

First  Goes  to  Rockland,       ..........  25 

The  Stannard  Family,     ..........  30 

Remarkable  Incidents,          ..........  35 

Where  Mar)'  E.  Stannard's  Body  was  Found  (Illustration),      ...  40 

Mr.  Hayden  in  the  Trial,             .........  41 

The  Spring  (Illustration),         .........  52 

Mr.  Hayden's  Rockland  Residence  in  Summer  (Illustration),       ...  62 

Mr.  Hayden's  Rockland  Residence  in  Winter  (Illustration),     ...  72 

Mr,  Hayden's  Story  Continued,             ........  78 

Mary  E.  Stannard  (Portrait),              ........  82 

The  Knives  in  the  Case  (Illustration),            .......  95 

Mr.  Hayden's  Testimony  Closed,      .          .          .          .          .          .          .          .  106 

Mary  E.  Stannard's  Rockland  Home  (Illustration),       .....  loq 

Mrs.  Hayden  (Portrait), 118 

Mrs.  Hayden's  Testimony,  .         .         .         .         .         .         .         .         .119 

Mr.  Stevens's  Residence  (Illustration),      .         .         .         .         .         .         .  125 

The  Counsel  (Portraits),       ..........  136 

The  Arguments,      ...........  137 


THE    REV.    HERBERT    H.    HAYDEN. 
[From  a  photograph  taken  Dec,  1879.] 


INTRODUCTION. 


THE  trial  of  the  Rev.  Herbert  H.  Hayden,  of  Madison,  Conn., 
on  a  charge  of  murdering  Mary  Stannard,  was  begun  in  New 
Haven  on  the  7th  of  October,  1879,  and  was  not  concluded  till  near 
the  middle  of  January,  and,  considering  the  time  occupied,  the 
character  of  the  evidence  and  other  circumstances,  it  was  one  of  the 
most  memorable  trials  in  the  court  annals  of  this  country.  Public 
interest  in  it  became  absorbed  from  the  start  ;  and  the  wide-spread 
knowledge  of  it  and  watchful  curiosity  to  learn  every  phase  of  it 
have  been  strikingly  illustrated  in  the  overwhelming  correspondence 
that  the  publishers  of  this  book  have  received  from  one  end  of  the 
country  to  the  other,  making  inquiries  concerning  the  sale  and  price 
of  the  work. 

Readers  will  find  in  the  testimony  of  Mr.  and  Mrs.  Hayden,  and 
in  the  abstracts  of  the  arguments  of  counsel,  a  record  of  the 
leading  events  in  the  trial,  together  with  the  essential  features  of 
testimony  which  formed  the  scheme  of  the  prosecution  and  the 
defensive  elements  on  the  other  side.  It  has  not  been  considered 
necessary  to  follow  in  detail  the  whole  mass  of  evidence,  material  or 
speculative,  which  occupied  the  attention  of  the  State  throughout, 
because  very  much  was  introduced  manifestly  in  support  of  theories 
which  were  finally  not  pressed.  A  sufficiently  comprehensive  idea 
of  the  leading  facts  and  material  elements  of  the  trial  is  given  to 
satisfy  all  readers — even  those  who  have  not  pursued  with  care  the 
current  record  of  the  proceedings. 

Mr.  Hayden  himself,  from  the  start,  maintained  a  calm  faith  in 


INTRODUCTION. 


the  final  result  of  the  trial.  He  was  never  demonstrative,  but 
always  self-assured  and  confident.  As  an  example  of  this,  the 
following  partial  report  of  a  conversation  had  with  him  in  the  New 
Haven  jail  while  the  trial  was  in  progress,  and  before  the  defence 
had  been  heard,  is  given  : 

Mr.  Hayden  was  asked  if  he  should  testify  in  his  own  behalf, 
and  he  replied  :  "  I  certainly  expect  to." 

Question — "You  testified,  I  believe,  at  the  hearing  before  Justice 
Wilcox  at  South  Madison  in  September,  1878  ?" 

Answer — "I  did." 

Question—"  Will  your  testimony  be  given  substantially  as  it  was 
then  ?" 

Answer — "  Of  course  it  will.     W'hat  was  true  then  is  true  now." 

Question — "  If  you  do  not  care  to  go  over  the  grounds  of  that 
testimony  here,  may  I  ask  you  what  your  feeling  is  with  reference  to 
the  result  of  the  present  trial  ?  " 

Answer — "  I  have  perfect  confidence  in  the  intelligence  and 
fairness  of  the  twelve  men  who  are  to  pass  upon  the  case,  and  have 
no  fears  as  to  the  result." 

Question — "  Of  course  you  must  feel  in  your  situation  consider- 
able anxiety,  or  at  least  occasionally  some  degree  of  nervousness  or 
impatience  over  the  position  you  are  in  ?" 

Answer — "  Certainly.  The  deprivation  of  a  man's  liberty  is, 
under  any  and  all  circumstances,  oppressive,  and  I  have  felt  keenly 
the  embarrassment  of  my  position  at  times  ;  but  there  has  never 
been  a  moment  when  I  have  had  any  fear  of  my  final  vindication." 

Question — "  In  the  progress  of  the  trial  there  have  been  some 
striking  points,  such  as  the  abandonment  of  various  theories,  mani- 
festly considered  of  some  importance  by  the  attorneys  for  the 
State,  which  have  certainly  turned  public  opinion  strongly  upon 
your  side,  and  you  must  have  watched  them  with  considerable 
interest  ?" 

Answer — "  I  have  probably  felt  less  interest  in   them,  than  the 


INTRODUCTION. 


public  has,  because  from  their  very  inception  I  knew  there  was  no 
foundation  for  them.  I  feel,  however,  that  these  various  matters 
which  the  State  has  from  time  to' time  adhered  to  and  then  aban- 
doned are  all  greatly  to  my  advantage." 

It  was  while  in  jail  that  Mr.  Hayden,  upon  the  advice  of  friends, 
conceived  the  idea  of  writing  his  Autobiography,  with  reference  to 
the  publication  of  a  book  concerning  the  trial,  out  of  the  sale  of 
which  he  might  derive  something  toward  liquidating  the  heavy  obli- 
gations incurred  in  his  defence,  besides  getting  means  of  support 
for  his  family — himself,  wife  and  three  children.  His  life  has 
been  a  hard  struggle,  as  all  will  admit  who  read  the  story  of  his 
exertions  to  educate  himself  and  do  a  good  work  in  the  world  ;  and 
the  noble  devotion  of  his  wife  in  assisting  him  to  accomplish  his 
well-directed  efforts,  shows  what  that  struggle  was,  and  how  much 
of  self-sacrifice  there  was  in  his  life  and  what  burdens  he  and  his 
devoted  wife  jointly  bore.  He  had  but  just  become  established  in  a 
field  where  he  was  able,  by  constant  labor,  to  provide  a  comfortable 
living  for  his  family — and  only  just  able.  The  work  he  had  to  do 
was  surprisingly  great.  Only  those  who  have  had  the  trials  of  a 
country  clergyman's  place  in  a  small  parish  can  realize  how  much 
work  must  be  done  to  keep  soul  and  body  together. 

In  the  midst  of  these  trials  and  struggles  he  was  taken  on  the 
terrible  charge  of  murder.  He  was  kept  in  jail  for  nearly  fourteen 
months  before  his  trial  began.  With  no  means  of  support,  except 
such  as  kind  friends  might  furnish,  his  family  was  dependent ;  but 
there  were  Christian  homes  ready  to  receive  the  suffering  wife  and 
children,  and  this  provision  for  their  comfort  and  care  was  a  great 
relief  to  the  imprisoned  husband.  But  there  were  expenses  to  be 
borne  of  great  magnitude — greater  than  was  at  first  anticipated,  by 
reason  of  the  prolonged  length  of  the  trial — and  to  aid  in  the  can- 
cellation of  these  is  a  motive  which  strongly  governs  Mr.  Hayden  in 
the  effort  he  now  makes  to  derive  an  income  and  replenish  his 
empty  purse. 


INTRODUCTION. 


Mr.  Amos  Cummings,  a  well-known  journalist,  who  attended  the 
trial,  prepared  the  following,  which  was  published  in  the  New  York 
Sun.  It  is  given  here  for  its  general  interest,  and  to  show  how  an 
impartial  writer  viewed  the  scenes  and  incidents  of  the  trial  : 

The  prosecution  have  examined  one  hundred  and  six  witnesses, 
and  the  defense  seventy.  In  this  array  of  witnesses  Mrs.  Hayden 
stands  the  central  figure.  Her  beauty,  modest  demeanor  and  posi- 
tive language  place  her  on  the  highest  pedestal.  Clad  in  a  close- 
fitting  black  dress  that  showed  the  symmetry  of  her  form  to 
perfection,  she  stood  like  a  statue  with  uplifted  hands  while  the  oath 
was  administered.  For  two  days  she  retained  remarkable  self- 
possession,  and  broke  into  tears  only  when  Mr.  Waller  subjected 
her  to  the  terrible  ordeal  that  drew  upon  him  the  indignation  of 
those  whose  sympathies  are  possibly  untempered  by  the  best  of 
judgment.  The  appearance  of  Susan  Hawley,  the  half  sister  of  the 
murdered  girl,  presented  a  marked  contrast  to  that  of  Mrs.  Hayden. 
Poor  Susan's  toilet  was  not  in  the  best  of  taste.  Her  complexion 
was  sallow,  and  her  small,  gray  eyes  lacked  the  magnetism  of  the 
expressive  brown  orbs  of  the  clergyman's  wife.  One  was  a  cultiva- 
ted woman,  and  the  other  an  untutored  country  girl.  Susan  burst 
into  tears  under  the  pressure  of  a  courteous  but  persistent  cross- 
examination  ;  Mrs.  Hayden  wept  because  Mr.  Waller's  pointed 
interrogatories  touched  her  to  the  soul.  One  wept  from  annoyance, 
the  other  from  pain.  Susan  was  vacillating  and  hesitating,  and  at 
times  refused  to  answer  annoying  questions ;  Mrs.  Hayden  answered 
all  questions  promptly,  fluently  and  grammatically.  Susan  Hawley 
appeared  on  the  stand  five  days,  and  Mrs.  Hayden  three. 

Among  the  witnesses  were  twelve  distinguished  professors. 
Eight  were  from  Yale  College.  These  eight  were  headed  by  Pro- 
fessor Edward  S.  Dana,  who  occupied  the  witness  stand  five  days. 
Scientific  blood  coursed  through  his  veins  from  the  hour  of  his 
birth.  His  mother  is  a  Silliman,  and  his  father  a  distinguished 
savan.     By  right  of  birth  alone  he  might  lay  claim  to  a  seat  in  the 


INTRODUCTION. 


House  of  Lords  of  Yale  College.  On  the  witness  stand  he  dis- 
played the  bearing  and  breeding  of  a  scientific  aristocrat.  This  was 
apparently  done  unconsciously,  and  was  probably  due  to  a  combina- 
tion of  conscious  knowledge  and  youthful  zeal.  An  unfortunate 
slip  of  the  tongue  at  the  beginning  of  his  long  cross-examination 
often  returned  to  plague  him.  In  answer  to  a  question  concerning 
the  microscopic  measurements  of  arsenical  octahedrons,  under  the 
spur  of  a  deft  suggestion  by  his  inquisitor,  he  said  there  was  some- 
thing about  it  that  "no  ordinary  mortal  could  understand."  This 
expression  was  flung  into  the  faces  of  other  professors  called  by  the 
prosecution.  It  served  as  a  sort  of  a  scarlet  banner  to  excite  a  gilt- 
horned  savan  when  all  other  means  failed.  Prof.  Dana's  answers 
were  clothed  in  a  redundancy  of  adjectives.  He  never  used  a  word 
of  one  syllable  when  one  of  five  would  answer  the  purpose.  His 
explanations  were  mostly  composed  of  Latin  and  Greek  derivatives 
strung  on  a  scarcely  distinguishable  Anglo-Saxon  thread.  Robin 
Hood's  barn  was  brought  into  frequent  play,  and  the  route  was 
occasionally  so  sinuous  that  the  professors  lost  their  way,  returned 
to  the  original  starting  point,  and  took  up  the  trail  anew.  Despite 
these  facilities  of  inexpression,  Prof.  Dana's  testimony  was  of  the 
utmost  interest  and  importance.  He  is  probably  the  first  man  in 
this  country  who  has  described  the  manufacture  of  arsenic. 

Profs.  Wm.  Henry  Brewer,  of  Yale,  and  Theodore  G.  Wormley, 
of  Philadelphia,  were  more  felicitous  in  their  explanations  than  Mr. 
Dana.  They  are  veterans  in  the  ranks  of  science.  Abstruse  scien- 
tific points  were  made  so  plain  that  a  boot-black  could  understand 
them.  The  lawyers  caught  them  in  no  traps.  Every  pit-fall  was 
avoided,  and  the  professors  came  out  of  the  fog  of  cross-examination 
with  clear  throats  and  sound  lungs.  Not  so,  however,  with  Prof. 
Moses  C.  White.  A  more  conscientious  witness  never  stood  before 
a  jury.  He  was"  so  conscientious  that  if  asked  if  he  had  seen  a 
certain  object,  he  would  qualify  his  answer  by  saying  that  his  eyes 
saw  it. 


INTRODUCTION. 


"Will  you  swear  that  your  eyes  saw  it  ?  "  his  tormentor  would 
shout. 

"I  will  swear  that  they  saw  it  to  the  best  of  my  knowledge  and 
belief,  "  the  professor  would  cautiously  respond. 

"Will  you  swear  that  there  is  not  the  shadow  of  a  jjossibility  that 
your  eyes  may  have  been  mistaken  ?  " 

"  I  will  swear,  to  the  best  of  my  knowledge  and  belief,  that  I  do 
not  think  they  were  mistaken,"  the  professor  would  reply. 

"  Will  you  swear,  to  the  best  of  your  knowledge  and  belief,  that 
there  is  not  a  shadow  of  a  possibility  that  they  may  have  been 
mistaken  ?     Come,  sir  ;  ye-s  or  no,"  persisted  his  interlocutor. 

"I  cannot  give  a  positive  answer,"  the  professor  would  say. 

Then  the  lawyers  would  kick  up  a  dust,  causing  the  jury  to 
either  lose  sight  of  the  professor  entirely,  or  to  cati;h  no  more  than  a 
glimpse  of  his  meaning. 

Worst  of  all,  Prof.  White,  after  a  superficial  examination  of 
a  stone  found  near  the  body  of  Mary  Stannard,  had  expressed  the 
opinion  at  the  preliminary  examination  in  Madison  that  it  was 
stained  with  blood.  He  had  counted  and  measured  some  of  the 
corpuscles.  After  his  examination,  and  before  his  appearance  at  the 
trial  in  New  Haven,  he  discovered  that  the  stain  was  a  moss  or 
lichen  known  as  algae.  Mr.  Watrous,  of  counsel  for  defense,  forced 
him  to  make  a  public  acknowledgment  of  his  mistake.  Nor  did  he 
rest  satisfied  with  this  acknowledgment.  Prof.  White  was  called  by 
the  prosecution  six  different  times  to  testify  to  matters  of  scientific 
import.  First,  it  w-as  concerning  the  arsenic  ;  next,  the  condition  of 
Mary  Stannard's  stomach  ;  then  the  gash  in  the  throat  ;  anon,  the 
blood,  pumpkin  and  pear  stains  on  the  various  knives  thrown  into 
the  case  ;  after  that  the  ovarian  outgrowth  ;  and,  finally,  concerning 
evidences  of  maternity.  In  each  case  the  algai,  jumping  back,  was 
set  in  motion,  to  the  confusion  of  the  prosecution  and  the  demorali- 
zation of  the  rigidly  conscientious  professor.  He  feebly  parried 
the  thrusts.      At  times  Mr.  Waller  would  run  to  his  defence  with  an 


INTRODUCTION.  II 


argumentative  claymore,  but  he  was  invariably  driven  to  cover  and 
the  effect  of  the  professor's  testimony  deadened. 

Dr.  Joshua  B.  Treadwell,  of  Boston,  was  one  of  the  most  remark- 
able of  the  expert  witnesses.  He  was  a  sharp-featured  man,  with 
piercing  black  eyes  and  a  tendency  to  baldness.  He  wore  a  soft, 
wide-awake  hat,  with  a  black  band  twice  the  width  of  its  rim.  He 
was  positive  in  his  assertions,  and  aggressive  toward  all  who  did  not 
agree  with  him.  Mr.  Watrous  annoyed  him  as  a  yellow-jacket 
would  annoy  a  mettlesome  colt.  The  Boston  expert  would  snort 
and  cavort  until  his  foot  was  caught  in  his  breeching,  when  he 
would  kick  himself  loose  and  start  off  at  full  speed,  with  all  the 
lawyers  after  him,  the  defence  trying  to  keep  him  going  and  the 
prosecution  to  lariat  him.  At  one  time  he  became  so  involved  that 
he  was  unable  to  do  a  sum  in  simple  division.  In  one  of  his 
tantrums  he  kicked  Prof.  Joseph  J.  Woodward,  of  Washington,  who 
gladly  accepted  an  invitation  from  the  defence  to  come  to  New 
Haven  and  kick  back.  Woodward  was  a  marvel.  He  talked  as 
though  fed  with  words  from  a  steam  engine.  The  lawyers  were 
frequently  unable  to  stop  his  tongue,  and  at  times  he  himself  seemed 
unable  to  stop  it.  The  hobby  of  both  these  experts  was  blood 
corpuscles.  The  Boston  man  was  certain  that  he  could  restore  the 
dried  corpuscles,  and  then  determine  whether  they  were  the  cor- 
puscles of  human  or  animal  blood,  and  the  Washington  man  was 
equally  positive  that  he  could  not.  To  thoroughly  appreciate  the 
merits  of  the  dispute,  the  reader  should  take  into  account  the 
amount  of  blood  discovered.  Take  all  the  corpuscles  said  to  have 
been  found  on  the  Hayden  knife  and  shirt,  and  they  would  make  a 
drop  of  blood  4,999,999  times  smaller  than  this,  degree  mark  (°). 

Fifteen  doctors  appeared  among  the  witnesses.  They  were  of 
all  grades  and  shapes,  from  the  burly,  red-faced  country  doctor,  who 
travels  the  high\\%y  laden  with  calomel  and  Dover's  powders,  to  the 
ornate,  Avhite-handed  city  physician,  who  talks  learnedly  of  hypo- 
dermic injections  and  hydrate  of  chloral.      The  profession,  however, 


12  INTRODUCTION. 


maintained  its  old-time  reputation — none  of  the  doctors  agreed. 
Dr.  White  swore  that  he  found  an  outgrowth  on  the  left  ovary  ;  Dr. 
Jewett  was  positive  that  it  was  on  the  right ;  a  third  doctor  made  an 
examination  and  saw  no  outgrowth  ;  and  old  Dr.  Matthewson 
seemed  to  be  in  doubt  as  to  the  existence  of  either  an  outgrowth  or 
an  ovary.  The  lines  were  equally  drawn  as  to  the  effect  of  such  an 
outgrowth.  All  the  doctors  for  the  defence  were  of  the  opinion  that 
it  could  produce  no  symptoms  of  maternity,  and  those  called  by  the 
prosecution  were  'equally  as  positive  that  it  would  produce  such 
symptoms.  There  was  the  same  trouble  over  the  stomach.  About 
a  quarter  of  the  physicians  seemed  to  think  that  arsenic,  whether 
taken  into  a  dead  or  live  stomach,  would  produce  symptoms  of 
inflammation  ;  others  thought  not ;  others  opined  that  it  might  do  so 
if  taken  into  a  live  stomach,  but  not  if  taken  into  a  dead  one,  and 
vice  versa.  All  the  doctors  looked  wise.  Young  practitioners  hardly 
out  of  their  medical  swaddling  clothes  were  among  them,  and  their 
efforts  to  look  as  wise  as  their  seniors  were  instructive  and 
entertaining. 

The  diagrams  drawn  by  the  doctors  were  not  the  least 
interesting  feature  of  the  medical  testimony.  A  score  of  oesopha- 
guses,  pericardiums  and  similar  organs  were  penciled  and  laid  before 
the  jury.  They  were  wonderfully  and  fearfully  made.  Any 
common  man  might  have  mistaken  them  for  drawings  of  Edison's 
electric  light ;  but  the  jury  examined  them  with  great  patience,  and 
seemed  to  get  an  inkling  of  their  meaning. 

Four  Methodist  Episcopal  clergymen  were  among  the  witnesses. 
All  were  contradicted  in  important  particulars  by  members  of  their 
own  churches.  Mr.  Hayden  was  the  most  prominent  of  these 
ministers.  He  answered  all  questions  promptly,  qualifying  many 
critical  replies  with  reservations.  His  cross-examination  was  severe 
and  persistent,  but  he  never  lost  his  temper.  Hi*  face  would  flush 
under  insinuative  questions,  and  his  eyes  flash,  but  his  replies  were 
soft  and  plaintive.     At  certain  points  Mr.  Hayden  leaned  forward 


INTRODUCTION.  13 


in  the  box,  apparently  to  give  emphasis  to  particular  portions  of  his 
testimony.  This  done,  he  resumed  his  usual  easy  position,  with  his 
legs  crossed  and  his  right  arm  swung  over  the  back  of  his  chair. 
Once  he  persisted  in  making  an  explanation  of  an  apparent  contra- 
diction of  his  testimony  in  the  preliminary  examination  at  Madison. 
Again,  he  refused  to  give  an  answer  that  he  thought  would  place  him 
in  a  false  position,  but,  at  the  request  of  his  counsel,  he  finally 
answered  the  inquiry  in  the  trust  that  Mr.  Jones  would  set  him 
right  on  the  re-direct  examination.  He  was  on  the  stand  three 
whole  days  and  a  part  of  the  fourth  day.  The  Rev.  Richard  S. 
Eldridge,  who  contradicted  both  Mr.  and  Mrs.  Hayden  on  a  mate- 
rial point  of  evidence,  is  pale  and  intellectual.  He  has  soft  black 
eyes  and  a  soft  manner.  His  wife,  whose  testimony  confirmed  his 
recollections,  was  lady-like  and  attractive.  The  Rev.  Joseph 
Wilbur  Gibbs,  the  pastor  of  the  Rockland  Methodist  Episcopal 
church  in  Rockland,  also  contradicted  Mrs.  Hayden  and  members 
of  his  church  on  important  issues.  He  is  large-boned,  rough  and 
ready  in  manner,  and  equally  at  home  behind  the  plow  or  the 
pulpit.  His  testimony  seemed  to  excite  the  indignation  of  both 
Mr.  and  Mrs.  Hayden.  Mr.  Eldridge's  testimony  apparently  pained 
them,  and  they  intimated  that  they  thought  he  was  honestly  mistaken. 
So  much  for  the  ethical  testimony. 

The  hard-fisted  Rocklanders  were  the  meat,  bone  and  sinew  of 
the  case.  Many  were  unsophisticated,  but  hard-headed.  Such 
stood  the  perils  of  a  cross-examination  without  flinching.  Others 
Avere  nonchalantly  self-confident.  These  retired  from  the  stand 
with  lowered  crests.  Some  promptly  answered  questions  that  they 
did  not  understand  ;  others  responded  before  questions  were  fully 
put,  and  a  few  refused  to  make  a  direct  answer  to  any  question. 
There  were  some  startling  contradictions  indicative  of  perjury.  Old 
Ben  Stevens  towered  above  all  the  Rockland  witnesses.  Apparently 
standing  on  the  brink  of  the  grave,  with  hollow  cheek  and  sunken 
eye,  he  used  strong  and  idiomatic  language  in  repelling  insinuative 


14  INTRODUCTION. 


inquiries,  and  at  times  hovered  on  the  border  of  profanity.  His 
remark  that  he  would  not  converse  with  two  old  neighbors  over  the 
murder,  "because  he  did  not  want  to  expose  "  himself,  created  a 
profound  impression,  which  was  not  entirely  removed  by  his  subse- 
quent assertion  that  its  purport  was  misconstrued.  His  bearing 
was  defiant,  in  marked  contrast  to  the  timid  manner  of  the  father 
of  the  murdered  girl,  who  burst  into  tears  while  describing  his 
search  in  the  wood  and  his  discovery  of  the  body. 

The  trial  has  been  nearly  devoid  of  humorous  scenes.  One, 
however,  can  never  be  forgotten  by  those  wlio  saw  it.  It  is  that  of 
the  statuesque  deaf  woman,  who  sat  five  hours  with  a  japanned 
trumpet  to  her  ear.  Jones  and  Waller  stood  over  her  shouting  in 
the  trumpet  and  gesticulating  until  the  veins  on  their  foreheads  were 
distended  and  their  temples  throbbed.  The  old  lady,  however, 
heard  no  more  than  she  wanted  to  hear,  and  answered  all  queries  in 
a  mild  voice  and  an  immobile  manner.  All  the  cross-examination 
failed  to  shake  her  statement  that,  when  she  saw  a  pair  of  breeches 
moving,  she  was  .satisfied  that  there  was  a  man  inside  of  them. 


AUTOBIOGRAPHY. 


IN  the  year  1850,  in  Taunton,  Mass.,  while  the  nation  was 
celebrating  the  anniversary  of  its  first  President,  I  first  saw  the 
light. 

At  the  time  of  my  birth  my  father's  family  consisted  of  himself, 
wife,  and  two  children,  both  boys.  Since  then  a  daughter  has  been 
added.  Death  never  has  entered  the  household,  and  the  family 
circle  in  this  respect  remains  unbroken. 

My  parents  were  hard-working  people — my  father  being  a 
shoemaker  by  trade.  When  I  was  one  and  a  half  years  old  my 
father  secured  the  position  of  toll-gatherer  of  what  was  then  called 
the  Berkley  Draw-Bridge,  a  responsible  but  not  a  lucrative 
position.  When  I  was  four  years  of  age  my  father  moved  to 
Dighton,  Mass.,  where  he  opened  a  country  store  and  drove  a 
flourishing  trade  for  many  years. 

The  town  of  Dighton  is  beautifully  situated  on  the  left  bank  of 
the  Taunton  river,  about  ten  miles  from  its  mouth.  At  the  time 
of  which  I  speak  there  was  carried  on  a  flourishing  commercial 
trade;  so  that,  at  times,  there  was  shipping  from  all  parts  of  the 
coast.  There  was  also  a  large  woollen  mill,  a  rolling  mill,  and  a 
tack  factory,  all  of  which  were  in  full  operation  and  brought  into 
the  place  more  or  less  of  a  foreign  population.  In  this  place  I 
spent  all  of  my  boyhood  days  ;  attending  the  village  school,  working 
in  the  store  and  tack  factory,  and  occasionally  sailing  along  the 
Middle  and  New  England  coast. 


l8  AUTOBIOGRAPHY. 

Among  the  earliest  of  my  recollections  is  an  event  which  indeli- 
bly impressed  itself  upon  my  memory,  and  the  result  of  which  I 
shall  carry  to  the  grave.  When  I  was  four  years  old  it  was  decided 
that  I  should  attend  the  district  school.  So  one  bright  summer's 
morning,  with  my  new  primer  under  my  arm,  I  arrived  at  the  school- 
house  in  time  to  join  the  children  at  play.  While  we  were  playino-, 
and  before  the  teacher  had  come,  by  some  means  I  managed  to  fall. 
Now,  it's  an  easy  thing  to  fall;  and  but  little  injury  follows,  if  you 
fall  in  the  right  place  and  in  the  right  way.  But  never  was  I  so 
fortunate  as  to  fill  these  two  conditions.  At  this  time  I  fell, 
striking  my  face  upon  the  sharp  edge  of  a  desk,  driving  my  teeth 
through  my  under  lip,  and  cutting  my  tongue  so  that  it  held  by  a 
mere  shred. 

School  was  over,  for  me,  that  day.  The  doctor  was  called,  and 
after  stitching  my  tongue  and  blaming  me  for  my  carelessness,  I  was 
left  to  reflect  for  the  first  time  upon  the  perils  which  attend  the 
human  race.  This  event,  at  the  very  beginning  of  my  school  life, 
was  not  encouraging  and  might  have  seemed  ominous  of  evil;  but, 
like  a  certain  Roman  Consul,  disregarding  all  omens  (when  he 
threw  the  sacred  geese  into  the  sea),  I  pressed  on;  but,  like  the 
Consul,  pressed  on  to  defeat ! 

There  are  certain  incidents  in  boyhood  life,  small  in  themselves, 
that  go  a  long  way  in  making  up  the  man.  They  mould  and 
fashion  the  habits  of  thought  and  action  after  long  years  have 
passed  away.  When  I  was  ten  years  of  age  an  incident  happened  to 
me  which  I  dare  say  never  occurred  to  any  other  boy  in  the  land. 
It  was  sm.all  in  and  of  itself,  but  its  influence  was  such  that  it 
remains  to  this  day,  and  I  can  never  forget  the  other  actor  in  this 
little  drama.  The  incident  is  unlike  those  which  John  B.  Gough 
narrates  as  occurring  in  his  life— namely,  the  pulling  off  of  the  old 
man's  wig;  or,  in  later  years,  the  passing  of  the  spittoon  in  the 
Advent  meeting  for  the  purpose  of  taking  a  collection  for  ascen- 
sion robes;  though  mine,  like  his,  occurred  within  sacred  walls. 


AUTOBIOGRAPHY.  19 


I  had  been  in  the  habit  of  accompanying  my  parents  to  one  of 
the  village  churches,  there  being  two  in  the  place.  It  was  a  matter 
of  compulsion  ;  for,  unlike  Samuel,  I  made  not  the  sanctuary  my 
choice.  On  one  Sunday  while  the  minister  was  deeply  involved  in 
unfolding  the  Calvinistic  doctrine  of  predestination,  according  to 
the  Divine  decree  before  the  foundation  of  the  world,  and  the 
congregation  was  wrapt  in  profound  and  undivided  attention,  I,  by 
another  decree,  was  making  considerable  noise  in  turning  the  leaves 
of  a  Sunday  school  picture-book.  I  naturally  thought  that  these 
two  decrees  were  all  that  existed  with  reference  to  that  day  and 
congregation.  Mark  my  surprise  and  consternation  when  suddenly 
I  was  apprised  of  another.  I  was,  without  warning,  lifted  high  in 
the  air  and  bodily  carried  to  a  remote  corner  of  the  church  and 
seated  harshly. 

This  event  made  so  deep  and  lasting  an  impression  upon  me  that 
ever  since,  Jonah  like,  I  have  shunned  all  Calvinistic  decrees 

At  the  age  of  sixteen  years  I  was  apprenticed  to  learn  the 
carpenter's  trade,  receiving  one  dollar  per  day  for  the  first  year. 
Being  somewhat  proficient  at  the  work,  at  the  end  of  two  years 
I  received  journeyman's  wages,  which  at  that  time  was  three  dollars 
a  day. 

When  in  my  eighteenth  year,  an  event  occurred  which  was 
destined  to  change  the  whole  course  of  my  life.  I  had  entered  upon 
my  chosen  profession — a  profession  selected  after  long  and  careful 
considerq.tion — and  in  which  success  crowned  my  every  effort,  when 
the  finger  of  destiny  pointed  to  another  field  of  duty,  and  a  voice 
said  :    "  This  is  the  way  :  walk  ye  in  it." 

I  had  been  a  light-hearted,  easy-going  youth,  apparently  beloved 
by  all  with  whom  I  came  in  contact.  Worldly  I  was,  it  is  true,  but 
never  descending  into  paths  of  sin  and  degredation,  such  as  are 
trodden  by  many  of  the  young  at  the  present  day.  I  do  not  want  to 
be  understood  as  saying  that  I  was  like  the  elder  son,  who  never 
strayed  from  the  father's  house,  or  that  it  was  always  easier  for  me 


AUTOBIOGRAPHY 


to  do  right  than  to  do  evil,  for  long  since  my  experience  has  been 
summed  up  in  the  words  of  Paul :  "  When  I  would  do  good,  evil  is 
ever  present  with  me." 

I  need  not  stop  here  to  describe  the  circumstances  of  my  conver- 
sion. Suffice  it  to  say  that  I  was  an  unwilling  subject.  I  fought 
against  it ;  I  prayed  against  it.  I  even  defied  Heaven  to  gain  access 
to  my  heart ;  but  it  was  against  the  JMighty  One  that  I  waged  this 
unequal  contest — the  creature  with  the  Creator  ;  and,  Goliah  as  I 
was,  I  was  slain  in  the  presence  of  Israel. 

•  The  taking  of  Jerusalem  by  Titus  is  a  fitting  illustration  of  the 
manner  in  which  my  conversion  took  place.  First,  the  outer  walls 
were  carried  ;  then  the  inside  intrenchments  ;  and  last  of  all  the 
citadel  itself. 

Thus,  in  my  case,  the  fear  of  man — the  outer  walls — was  over- 
come ;  then  the  scruples  of  making  a  public  profession  were 
conquered — these  were  the  inside  intrenchments  ;  and,  last  of  all, 
my  tendency  to  worldly  pleasures  and  ornaments  was  subdued,  and 
the  citadel,  the  heart  itself,  belonged  to  the  Conqueror. 

But,  although  I  had  yielded  my  heart,  the  struggle  with  the 
unseen  Power  was  not  ended.  I  soon  found  myself  in  the  midst  of 
a  fierce  (so  far  as  it  related  to  me)  contest  as  to  my  future  field 
of  duty.  No  sooner  had  I  been  brought  to  light  and  liberty  thaa 
the  voice  said:  "  Henceforth,  go,  work  in  my  vineyard  !  " 

I  had  no  idea  of  yielding  to  this  work.  I  had  always  avoided 
the  different  ministers  of  the  place.  Not  that  I  disliked  them 
personally,  but  the  life  of  a  minister  was  distasteful  to  me.  The 
idea  of  being  servant  to  all  men  ;  of  being  found  fault  with  on  all 
occasions  ;  of  being  poorly  paid  ;  of  having  one's  best  and  noblest 
efforts  distorted  and  drawn  out  of  all  recognizable  shape,  was  at  war 
with  the  spirit  of  independence  within  me. 

"He  is  a  friend  to  publicans  and  sinners,"  was  often  said  when 
Christ  was  on  earth.  I  have  found  in  a  minister's  life  that  to  be 
such  a  friend  in  the  zealous  work  of  unselfish  love  and  devotion  to 


AUTOBIOGRAPHY. 


the  cause  of  the  Master  is  to  run  the  risk  of  losing  reputation  and 
friends.  The  moment  a  minister  of  the  gospel  seeks  to  raise  the 
fallen  of  humanity,  that  moment  the  hearts  of  many  in  his  church 
and  congregation  are  closed  against  him.  This  is  a  broad  state- 
ment, but  in  the  main  it  is  true.  I  had  seen  enough  in  my  short  life 
to  infer  many  of  the  difficulties  of  the  ministry.  It  is  at  its  easiest 
and  best  a  life  of  toil  and  heavy  burdens.  I  cannot  conceive  but 
that  it  is  the  duty  of  the  minister  to  seek  and  to  save  the  lost ;  to 
seek  in  cellars  and  garrets  ;  in  dens  where  vice  and  sin  abound — 
outcasts  of  society,  who  otherwise  would  never  hear  the  "  good 
tidings  of  great  joy  "  to  them  ;  to  save  even  the  prodigal  living  upon 
the  husks.  Knowing  this  to  be  the  minister's  work,  and  knowing, 
also,  the  support  generally  given  to  him  while  engaged  in  it,  and  the 
base  and  false  accusations  often  coming  open-handed  from  all  sides, 
I  shrank  from  entering  such  a  field  of  duty.  But  the  more  I  shrank 
from  it,  the  more  I  fought  against  it,  the  more  I  determined  not  to 
yield,  the  stronger  the  spirit  strove;  and  the  Angel  seemed  more 
determined  to  stay. 

Havnig  this  constant  battle  to  fight,  I  became  very  uneasy  and 
disturbed.  A  change  came  over  my  feelings  and  all  my  actions.  I 
no  longer  was  a  light  and  merry-hearted  youth,  but  was  heart- 
stricken,  sore,  weary  and  depressed.  The  minister  sent  for  me  and 
inquired  into  the  cause  of  my  trouble.  "  Trouble,"  said  I,  "  I  have 
no  trouble.  I  have  good  health,  plenty  of  work,  good  pay  and  hosts 
of  friends  !     What  more  could  one  desire  ? " 

With  a  knowing  look  he  said  :  "  Beware  how  you  tempt  Provi- 
dence ;  for  God's  spirit  will  not  always  strive  with  man." 

I  appeared  as  indifferent  as  possible,  though  I  began  to  feel  my 
determination  giving  way.  Said  the  minister,  looking  me  squarely 
in  the  face:  "You  feel  it  your  duty  to  preach  the  gospel  ;  you  can- 
not deceive  me.  I  have  been  through  the  same  hard  struggle. 
Yield  to  Him  who  says  '  I  will  guide  thee  with  mine  eye.'  " 

I  took  my  hat  and  rushed  from  the  house,  without  once  telling 


AUTOBIOGRAPHY. 


him  whether  he  was  right  or  wrong.  Up  to  this  time  I  had  not 
spoken  to  a  Hving  soul  of  the  struggle  Avithin  me.  My  parents,  my 
friends,  my  minister — all  had  noticed  the  change  and  anxiously 
awaited  the  result. 

I  determined  to  leave  the  place.  I  sought  and  found  work  in 
Mansfield,  Mass.,  a  place  in  which  I  was  a  perfect  stranger.  The 
same  struggle  continued — the  same  resistance  prevailed.  I  had 
been  in  Mansfield  but  a  fortnight,  had  attended  but  two  or  three 
meetings,  when  a  note  was  placed  in  my  hands.  It  was  from  an 
influential  man  in  the  place.  Reading  the  note  I  found  but  a  single- 
request:  "  Please  call  on  me  tomorrow  evening  ;  I  wish  to  converse 
with  you."  I  thought  it  strange,  but,  nevertheless,  went  at  the 
appointed  time.  On  arriving  at  the  house  I  was  shown  into  the 
owner's  private  room,  and  immediately  was  joined  by  him  in  person. 
He  opened  the  conversation  by  saying  :  "  Ever  since  you  have  been 
in  the  place,  I  have  noticed  that  you  are  having  a  severe  inward 
struggle."  He  then  asked  :  "  How  long  have  you  been  converted?"" 
I  told  him  about  eight  months.  He  then  said:  "You  are  called  to 
the  ministry  and  don't  wish  to  enter  it." 

I  was  taken  wholly  off  my  guard.  I  was  comparatively  a 
stranger  in  the  place,  and  thought  my  burden  was  known  only  to  me 
and  my  God.  But  now  in  my  own  place  a  Methodist — and  here  a 
Congregationalist — had  truthfully  told  me  the  cause  of  all  my 
trouble  and  sorrow. 

What  could  I  do?  Where  should  I  go?  Do  you  wonder  that  I 
compared  myself  to  Jonah  when  he  was  called  to  go  to  Nineveh  ? 

I  unburdened  my  heart  to  this  stranger.  I  told  him  all  my  long, 
fierce  struggle ;  I  showed  him  my  poor,  wounded,  broken  spirit ; 
and  when,  a  little  later,  I  went  and  told  Jesus,  the  burden  was- 
removed.     I  had  grace  to  say  : 


"  I  yield,  I  yield  ;  I  can  hold  out  no  more 
I  sink,  by  dying  love  compelled, 
And  own  Thee  conqueror." 


AUTOBIOGRAPHY.  23 


The.  struggle  over,  the  burden  removed,  my  buoyant  spirits 
returned,  and  life  once  more  seemed  worth  the  living.  I  immedi- 
ately began  my  preparation  for  the  ministry. 

In  the  fall  of  1869  I  entered  the  Providence  Conference  Semina- 
ry at  East  Greenwich,  R.  I.,  expecting,  as  I  afterwards  did,  to  work 
my  way  through  the  school.  Having  once  entered  upon  the  work,  I 
had  no  thought  of  abandoning  it.  I  taught  school ;  I  worked  at  my 
trade  ;  I  sold  books ;  I  worked  on  the  farm ;  I  preached  on  Sunday. 
I  was  happy  because  I  was  doing  all  that  I  could  for  the  Master. 
Two  years  of  school  life  had  passed  away — two  years  of  hard, 
earnest  work  ;  two  years  of  sound,  solid  comfort. 

I  had  previously  planned  at  this  time  to  change  my  condition  in 
life.  I  was  betrothed  to  Miss  Rosa  C.  Shaw,  of  Carver,  Mass.  At 
this  time  she  was  a  successful  school  teacher  in  Fall  River,  Mass. 
Within  one  year  she  had  lost  mother,  brother  and  sister — all  of 
whom  died  of  consumption.  These  bereavements  had  so  worked 
upon  her  that  apparently  she  was  about  to  follow  them.  The  doctor 
gave  her  but  one  year  to  live.  A  change  of  scene,  a  different 
relation  in  life,  might  avail. 

We  were  married  August  8th,  1871,  in  Plymouth,  Mass.  We 
immediately  went  to  housekeeping  in  East  Greenwich.  During  the 
winter  of  187 1-2  we  both  taught  school,  my  wife  nobly  endeavoring 
to  carry  a  part  of  the  burdens  of  living.  During  the  next  summer 
vacation  our  first  child,  a  daughter,  was  born.  In  the  spring  of 
1873  I  completed  my  course  at  the  seminary,  and  entered  college  at 
Middletown,  Conn.  After  passing  my  examination  I  went  to 
Martha's  Vineyard,  Mass.,  to  work  during  the  vacation. 

While  here  I  had  my  first  serious  sickness.  I  was  stricken  down 
with  typhoid  fever,  and  my  life  for  days  hung  in  the  balance.  At 
last  I  rallied  and  returned  to  Middletown.  In  doing  this  I  made  a 
serious  mistake  ;  for,  beginning  work  before  I  was  really  strong,  I 
brought  on  a  trouble  with  my  head,  and  was  compelled  to  abandon 
the  fall  term  at  school. 


24  AUTOBIOGRAPHY. 


Determined  not  to  lose  too  much  ground,  I,  against  all  advice, 
kept  up  a  course  of  reading  at  my  home.  At  this  time  my  wife  was 
keeping  a  club  of  twelve  boarders  of  my  own  class.  This  sup- 
ported us,  and  removed  a  heavy  burden  from  our  minds. 

During  the  winter  term  I  attended  school  and  made  considerable 
progress.  I  was  straining  every  nerve,  but  working  under  difficul- 
ties. I  felt  that  sooner  or  later  I  must  again  stop.  When  the 
spring  term  came  I  was  again  overdone  and  compelled  to  stop. 

One  year  of  college  life  had  gone,  and  I  had  accomplished  but 
little  in  the  college  course ;  still  I  was  not  wholly  disheartened.  I 
secured  work  at  my  trade  during  the  vacation.  I  kept  in  the  open 
air,  and  began  to  amend.  I  took  fresh  courage,  and  entered  college 
in  the  fall  with  a  determination  to  retrieve  my  lost  ground. 

Again  I  had  to  yield.  I  secured  a  position  in  West  Rocky  Hill 
to  preach  on  the  Sabbath,  and  left  school  for  the  term.  During  the 
winter  term  I  again  made  considerable  progress.  It  was  during  this 
term,  in  December,  that  our  second  child,  a  boy,  was  born. 

I  again  entered  school  in  the  spring  term,  but  was  compelled  to 
stop  soon  after.  Thus  two  years  of  college  life  had  passed,  and  out 
of  six  terms  I  had  put  in  but  two  terms.  I  thought  it  best  to  stop 
altogether,  and  accordingly  in  the  spring  of  1875  we  moved  to  West 
Rocky  Hill,  where  1  had  been  preaching  for  some  time. 

The  people  gave  us  a  warm  reception,  and  the  year  we  spent  in 
that  place  gave  us  undivided  pleasure. 


FIRST    GOES    TO    ROCKLAND. 


Established  as  Pastor  of  the  Methodist  Chu?-ch. —  The  Accusation 

of  Murder. 


In  the  spring  of  1876  I  was  appointed  to  a  place  called 
Rockland,  by  the  Presiding  Elder  of  the  district.  I  went  to  supply 
the  next  Sabbath,  and  found  the  minister,  who  had  preached  there 
for  two  years,  had  not  been  notified  of  his  removal.  I  called  a 
meeting  of  the  stewards,  and  notified  them  of  my  intention  not  to 
come  to  them,  though  I  had  been  regularly  appointed.  They 
wanted  time  for  consideration,  and  also  wished  to  hear  me  preach. 

I  therefore  preached  on  Sunday  to  them,  and  in  the  stewards' 
meeting  it  was  unanimously  decided  that  I  must  remain.  In  May  I 
removed  my  family  to  Rockland,  and  spent  a  prosperous  year  with 
that  people. 

The  next  year,  1877,  I  had  determined  to  cease  from  ministerial 
labor  and  recruit  my  strength  by  work  in  the  open  air.  W.  C. 
Blakeman  was  appointed  by  the  conference  to  supply  Rockland. 

I  secured  a  small  farm,  and  entered  upon  my  new  work.  Every 
day  I  felt  my  strength  returning,  and  in  a  few  months  I  was 
comparatively  a  new  man. 

In  August,  1877,  I  was  waited  upon  one  Saturday  afternoon  by  a 
man  from  jMadison,  who  desired  me  to  supply  the  Methodist  pulpit 
the  following  Sabbath,  as  their  pastor  was  sick.  I  went,  and  at  the 
close  of  the   service  was  waited  upon  by  the   stewards,    with  the 


2  6  AUTOBIOGRAPHY. 


request  that  I  should  preach  for  them  until  their  pastor's  health  was 
restored. 

I  cared  not  to  enter  the  regular  work  until  the  next  spring,  and 
thinking  that  this  would  be  work  only  for  a  few  weeks,  I  consented 
to  go. 

Soon  I  found  out  that  I  had  entrapped  myself.  The  pastor's 
health  did  not  improve,  and  the  stewards  would  not  let  me  go.  I 
found  myself  actively  engaged  in  the  work  of  the  ministry,  in  a  field 
of  labor  ten  miles  from  home.  I  accordingly  worked  on  my  farm 
during  the  week,  and  on  Sunday  rode  ten  miles,  preached  two 
sermons,  attended  Sunday  school,  and  led  the  evening  prayer- 
meeting. 

During  the  winter  I  secured  a  school  to  teach  at  the  place  where 
I  was  preaching.  This  winter — the  winter  of  1877—8 — was  the  first 
time  that  I  was  separated  from  my  family  in  all  our  married  life.  I 
would  leave  home  on  Saturday,  preach  on  Sunday,  teach  all  the 
week,  and  return  home  Friday  night. 

My  wife  felt  that  she  could  not  stay  at  home  alone  nights ;  and, 
as  she  was  to  teach  the  school  in  the  place  where  we  lived,  we 
decided  that  it  was  best  to  hire  help.  Accordingly  ]\Iary  E. 
Stannard  was  employed  to  come  Saturday  afternoon  and  stay  until 
Friday  evening,  when  I  returned  home. 

This  state  of  affairs  lasted  until  the  end  of  February,  1878, 
when  my  wife's  school  closed.  A  month  later  my  school  closed, 
and  I  returned  to  my  family. 

In  April,  1878,  I  was  regularly  appointed  to  preach  at  Madison. 
I  had  come  to  love  the  people  both  of  the  church  and  congregation ; 
and  as  they  earnestly  desired  me  to  remain  with  them,  I  consented 
to,  with  the  understanding  that  I  could  work  on  my  farm  and  teach 
during  the  winter  if  I  felt  disposed. 

During  the  early  part  of  1878  things  went  smoothly.  Putting 
my  heart  in  the  work  and  my  shoulder  to  the  wheel,  I  was  content 
with  the  portion  allotted  to  me. 


AUTOBIOGRAPHY.  27 


During  August  of  this  year  our  third  child,  a  daughter,  was 
born.  My  wife  was  recovering  rapidly,  and  insisted  that  I  should 
pay  my  parents  a  visit. 

I  left  home  the  19th  of  August,  with  the  understanding  that  I 
should  be  absent  as  long  as  desirable.  I  returned,  however,  a  week 
from  the  next  Monday.  I '  preached  the  following  Sabbath  at 
Madison.  This  was  on  the  ist  of  September,  1878.  The  following 
Friday,  the  6th  of  September,  I  found  myself  a  prisoner  in  the 
harsh  hands  of  the  law,  charged  with  the  murder  of  Mary  E. 
Stannard,  who  seven  months  before  had  worked  in  my  family  while 
I  was  teaching  ten  miles  away, 

I  have  stated  that  I  preached  at  Madison  the  preceding  Sabbath. 
I  returned  home  on  Monday,  and  on  Tuesday,  about  sunset,  I  was 
notified  that  Mary  E.  Stannard  had  been  found  with  her  throat  cut 
up  in  the  Brag  lots. 

I  immediately  went  to  the  scene  of  the  homicide,  and  assisted  in 
removing  the  body  to  the  house  ;  rode  half  the  night  for  a  jury  of 
inquest ;  testified  when  called  the  next  afternoon,  and  toward  night 
was  told  that  I  was  suspected  of  being  the  perpetrator  of  the 
crime.  . 

Had  the  earth  opened  at  my  feet  I  could  not  have  been  more 
surprised.  To  think  that,  after  all  I  had  done  for  the  poor, 
unfortunate  girl  and  her  father's  family,  they  should  entertain  such 
a  thought,  was  enough  to  drive  me  mad. 

All  through  that  long,  dreary  night  the  terrible  ordeal  through 
which  I  must  shortly  pass  haunted  me.  Sleep  deserted  me.  I  tried 
to  pray  ;  but  all  that  I  could  say  was  :  "  My  God  !  my  God  !  Why 
hast  Thou  forsaken  me  ?" 

My  wife  lay  sweetly  sleeping  by  my  side,  with  the  three  weeks' 
old  babe  upon  her  breast.  I  had  purposely  refrained  from  telling 
her  the  sad  news  until  the  refreshing  slumber  of  another  night  had 
strengthened  her  tired  and  deeply  taxed  nerves. 

My  children,  who  clung  to  me  so  tenderly,  and  who  loved  their 


28  AUTOBIOGRAPHY. 


parent  as  only  children  can  love,  were  quietly  sleeping  in  the  same 
room.  I  alone  of  that  household  was  wakeful.  I  alone  saw  and 
felt  the  dense  cloud  of  blackness  gathering  around  us ;  seemingly 
ready  to  burst  upon  us  and  destroy  our  happiness  forever.  And 
it  did  burst,  in  all  its  hellish  fury;  but  not  before  God  had  assured 
me  that,  though  I  Avas  to  walk  through  the  water  and  the  fire,  the 
one  should  not  overflow  me,  and  the  other  should  not  harm  me. 

When  day  broke  I  arose  from  my  restless  couch  and  attended  to 
my  morning  work.  During  the  forenoon  I  told  my  wife  the  dread- 
ful story  of  the  accusation. 

She  threw  her  arms  around  me,  and  by  tender  caresses  and 
loving  words  assured  me  of  her  unfaltering  trust  in  my  innocence 
and  fidelity. 

Had  it  been  otherwise,  I  know  not  the  result.  Had  my  true, 
faithful,  loving  wife  thought  me  guilty  of  the  crime  charged,  long 
since  would  I  have  been  overcome  by  the  almost  unbearable  burden. 
As  it  was,  I  received  new  strength  and  fresh  courage.  And  the  con- 
sciousness of  this  unfaltering  trust  in  my  faithful  wife  has  cheered 
and  sustained  me  throughout  the  terrible  months  through  which  I 
have  passed. 

As  I  look  back  upon  the  fourth  and  fifth  days  of  September, 
1878,  I  am  both  pained  and  surprised.  Up  to  the  3d  of  September, 
the  day  of  the  homicide,  no  one  ever  thought  that  I  was  other  than 
Avhat  I  seemed. 

But  now  wild  rumors  filled  the  air  ;  stories  of  crime  and  dark 
deeds  were  upon  every  lip  ;  and  the  cool,  calm  judgment  of  men  had 
run  wild.  Threats  of  injury,  and  shouts  of  "Hang  him!"  were 
freely  uttered  ;  and  that  night,  when  I  lay  my  weary  body  down,  I 
knew  not  but  that  the  next  morning  would  find  me  a  poor,  lifeless, 
shapeless  lump  of  clay. 

Before  retiring  I  prayed  for  that  succor  which  He  alone  can  give. 
I  had  just  fallen  into  an  uneasy,  uncertain  slumber,  when  the  noise 
of  an   approaching  wagon   awakened  me.     Intently   I   listened.     It 


AUTOBIOGRAPHY.  29 


stopped  at  the  gate.  Silently  T  arose  and  awaited  the  result.  Very 
shortly  I  heard  my  name  \vhisi)ered.  My  wife,  now  thoroughly 
aroused,  begged  me  not  to  go.  Calming  her  as  best  I  could  I 
approached  the  window.  Again  I  heard  my  name  called.  "  Who's 
there?"  I  asked,  in  as  steady  a  voice  as  I  could  command.  "A 
friend,"  was  the  answer,  and  it  sent  a  thrill  of  joy  through  my  whole 
being.  Yes  !  a  friend  was  found  even  in  that  hour  of  darkness  and 
despair.  Not  my  neighbor  ;  not  my  brother  church  member  alone  ; 
but  that  mystic  band  of  men  whose  brother  I  am  had  sent  one  to 
counsel  and  advise  with  me. 

The  next  morning  (Friday)  I  was  arrested  by  Deputy  Sheriff 
Hull  and  carried  to  the  probate  court  office,  ten  miles  from  my 
home.  I  was  immediately  put  to  plea.  I  pleaded  "not  guilty," 
and  moved  for  a  continuance  in  order  to  secure  counsel.  This  was 
readily  granted,  and  the  court  adjourned  to  Monday,  September  9. 

Instead  of  being  carried  to  jail  I  was  put  under  the  care  of  keep- 
ers, two  being  deemed  sufficient  for  so  desperate  a  criminal.  My 
being  put  under  keepers,  instead  of  behind  bars  and  bolts,  was  done 
at  the  earnest  solicitation  of  the  stewards  of  my  church.  And  here 
I  ought  to  say  that,  from  the  very  first,  not  one  of  my  church  and 
congregation  ever  believed  me  guilty  of  the  terrible  crime. 

All  through  the  long  imprisonment  that  followed  my  re-arrest  I 
was  the  constant  recipient  of  tokens  of  their  love  and  continued 
confidence.  They  regarded  me  as  their  pastor,  and  I  did  work  as 
such  throughout  the  entire  time  of  my  incarceration. 


THE    STANNARD    FAMILY. 


Religious  and  kifidly  interest  taken  in  Maiy  Stannard. 


And  now  let  us  carefully  seek  out  and  set  in  order  the  relations 
sustained  between  the  Stannards  and  myself.  When  I  first  went  to 
Rockland  I  was  told  by  the  retiring  preacher,  J.  W.  Gibbs  (who, 
afterwards,  appeared  as  a  witness  against  me),  that  a  young  woman 
of  the  neighborhood  had  just  given  birth  to  an  illegitimate  child. 

I  inquired  into  the  history  of  the  family,  and  found  that  they 
were  of  low  birth  and  ill  repute. 

The  family  at  this  time  consisted  of  the  father,  Charles  Sylvester 
Stannard ;  a  step-daughter,  Susan  Hawley  ;  and  the  daughter,  Mary 
Elizabeth  Stannard  ;  who  was  the  mother  of  the  new,  but  unfortu- 
nate babe. 

On  further  inquiry  I  learned  that  they  had  but  few  friends  and 
fewer  visitors. 

When  the  mother  had  recovered  sufficiently  to  attend  to  house- 
hold duties,  my  wife  was  informed  that  she  felt  keenly  her  position, 
was  penitent  and  desired  to  reform.  Accordingly  she  sent  for  Miss 
Stannard  to  call  upon  her,  which  she  shortly  did.  After  a  long,  se- 
rious conversation,  my  wife  informed  me  that  she  had  become  deep- 
ly interested  in  the  young  woman,  and  desired  me  to  encourage  her 
all  in  my  power. 

We  both  felt  that  we  could  not  cast  the  first  stone ;  and,  hence» 


AUTOBIOGRAPHY.  31 


set  ourselves  at  work  removing  the  briars  and  thorns  that  hedged 
her  pathway. 

We  encouraged  her  to  attend  the  regular  church  services,  the 
Sabbath  school,  and  the  stated  prayer  and  class  meetings.  We  also 
gave  her  employment  when  occasion  offered. 

We  always  found  her  faithful  in  the  discharge  of  her  duties,  and 
apparently  eager  to  gain  the  good  will  not  only  of  ourselves,  but 
also  of  all  in  the  community. 

Others,  encouraged  by  our  example,  opened  their  doors  to  her  ; 
and,  before  the  year  of  my  pastorate  in  Rockland  had  closed,  Miss 
Stannard  was  received  into  nearly  every  household  in  the  place. 

During  this  year  (1876)  and  the  two  following  I  also  employed 
the  father.  Day  after  day  have  we  worked  side  by  side  on  the  farm. 
Being  thus  thrown  into  each  other's  company,  we  became  more  or 
less  free  in  each  other's  society  ;  and  whenever  Mr.  Stannard  want- 
ed any  farm  tool  or  house  implement  he  was  welcome  to  its  use. 
And  many  are  the  things,  both  from  the  farm  and  house,  which  have 
found  their  way  to  his  humble  home. 

During  the  summer  of  1877  ^'^'^Y  ^^^^^  taught  the  district  school  in 
the  place.  As  I  was  busily  engaged  on  the  farm,  Mary  E.  Stannard 
was  employed  to  take  care  of  the  children  and  get  the  noon-day 
meal.  She  would  come  at  8  o'clock  in  the  morning,  and  leave  at  5 
o'clock  in  the  afternoon.  During  the  winter  of  1877-8  she  was  em- 
ployed to  discharge  the  same  duties,  with  the  addition  of  remaining 
nights,  as  I  was  teaching  school  at  Madison,  ten  miles  from  home. 
As  before  stated,  she  would  come  to  the  house  on  Saturday  after- 
noon, and  remain  till  the  following  Friday  evening,  when  I  returned 
home. 

My  wife's  school  closed  a  fortnight  before  mine.  Leaving  Mary 
in  charge  of  the  house,  she  took  the  children  and  visited  me  in 
Madison.  As  a  recompense  to  Mary  for  this  extra  work,  my  wife 
promised  her  that,  when  she  received  her  money,  Mr.  Hayden 
would  carry  her  to   Middletovvn,  where  she  could  purchase  needed 


32  AUTOBIOGRAPHY 


supplies.  When  Mary  received  her  money  she  spent  nearly  all  of  it 
for  groceries  at  the  village  store,  and  it  was  not  until  after  the 
huckleberry  season  had  passed  that  she  reminded  my  wife  of  her 
promise. 

At  my  wife's  solicitation  I  carried  her  to  Middletown  some  four 
or  five  weeks  previous  to  the  homicide.  In  January^  1878,  an  oyster 
supper  was  given  in  the  then  unoccupied  parsonage,  for  the  benefit 
of  the  Rockland  church.  Another  was  given  in  the  month  of 
March. 

At  the  first  oyster  supper  I  would  occasionally  run  over  to  our 
house  to  see  that  the  children  were  safe. 

Finding  this  method  to  be  unpleasant,  at  the  oyster  supper  in 
March  we  employed  Mary  Stannard  to  take  care  of  the  children. 
I  returned  home  about  9  o'clock  to  put  the  children  to  bed,  accord- 
ing to  my  usual  custom.  I  was  absent  from  the  oyster  supper  about 
ten  minutes. 

The  distance  from  the  parsonage  (where  the  supper  was  given) 
to  my  house  is  only  228  feet. 

My  house  is  situated  upon  the  road  leading  from  Madison  to 
Middletown  and  Hartford.  This  road  forks  just  above  my  house — 
a  branch  leading  off  in  an  easterly  direction,  but  returning  to  the 
main  road  some  three  miles  above  ,  so  that  a  person  going  north 
can  take  either  road  according  to  his  fancy. 

On  the  morning  of  the  day  of  the  homicide,  September  3,  I 
started  for  Middletown  to  purchase  some  needed  articles  and  to  get 
some  carpenter's  tools  that  had  been  promised  me.  In  Middletown 
I  went  to  see  about  the  tools  ;  then  went  to  David  Tyler's  and 
purchased  a  box  of  fullers'  earth  for  my  wife  ;  also  an  ounce  of 
arsenic  to  kill  the  rats  which  infested  my  house  and  barn.  In 
returning,  at  Durham  I  purchased  a  bag  of  oats,  a  gallon  of 
molasses  and  $1  worth  of  sugar. 

In  going  to  Middletown  I  took  the  branch  road  just  above  our 
house,  but  in  returning  I  came  on  the  main  road.     This  would  take 


AUTOBIOGRAPHY.  33 


me  past  the  Stannard  house.  When  I  was  opposite  the  house  my 
children  were  there,  and  cried :  "  Papa,  we  want  to  ride  home."  I 
stopped  the  horse  and  put  the  children  into  the  carriage.  Charles 
Stannard  came  out,  and  I  asked  him  for  a  drink  of  water.  He  said 
that  the  water  was  warm.  I  tasted  of  it,  but  it  was  unfit  to  drink, 
and  I  threw  it  away.  I  then  drove  towards  home.  On  the  road, 
near  a  spring  of  cool,  sweet  water,  I  met  Mary  Stannard,  bearing  a 
pail  of  the  precious  beverage.  I  asked  for  a  drink  of  water,  got  it, 
and  then  drove  home. 

In  the  afternoon,  as  we  were  out  of  wood,  I  went  to  my  wood-lot 
and  threw  up  some  wood  in  readiness  for  carting,  being  absent 
about  one  and  three-quarter  hours.  The  distance  from  my  house  to 
the  wood-lot  is  2,905  feet  in  an  easterly  direction.  From  my  house  to 
where  the  body  was  found  is  4,788  feet,  in  a  northwesterly  direction, 
making  a  distance  of  nearly  a  mile  and  a  half  between  the  two 
points. 

It  may  here  be  stated  that  the  Sunday  after  I  left  home,  intend- 
ing to  go  to  the  Vineyard,  Mary  Stannard  went  to  work  in  Guilford. 
She  stayed  two  weeks  and  then  returned  home ;  Mr.  Studley,  for 
whom  she  had  been  working,  bringing  her  back. 

With  these  details  let  us  return  to  the  court  room. 

On  Monday,  at  10  o'clock  in  the  forenoon,  the  court  was  opened 
by  the  Justice,  Henry  Beals  Wilcox.  In  the  meantime  I  had 
secured  as  counsel  L.  M.  Hubbard,  of  Wallingford,  Conn.,  and 
Samuel  F.  Jones,  of  Hartford,  Conn.  The  prosecution  was 
conducted  by  H.  Lynde  Harrison  and  James  I.  Hayes,  of  New 
Haven,  Conn.  ;  James  P.  Piatt,  son  of  the  State's  Attorney,  of 
Meriden,  Conn.  ;  Judge  Langdon,  of  Guilford,  Conn. ;  and  the 
Grand  Juror,  Charles  Socrates  Stannard,  of  Madison,  Conn. 

The  court  was  held  in  the  basement  of  the  Congregational 
church  at  Madison.  This  was  as  inconvenient,  uncomfortable  and 
unhandy  a  place  as  one  can  imagine.  There  was  a  total  lack  of 
ventilation.     The  walls  were  low  and  damp.     The   sun  seldom,  if 


34  AUTOBIOGRAPHY. 


ever,  penetrated  the  gloom  ;  and  the  only  means  of  lighting  the 
room  was  by  antiquated  lamps.  The  shadows  cast,  and  the  faces, 
barely  discernible  in  the  uncertain  light,  reminded  one  of  those 
inquisitorial  halls  so  common  in  the  sixteenth  century.  Into  this 
dark  and  damp  place  I  was  led  by  the  officers  of  the  law,  reminding 
one  of  the  words  of  Scripture:  "They  loved  darkness  rather  than 
light,  because  their  deeds  were  evil." 

The  result  of  this  examination  was  my  release  by  Justice  Wilcox. 
Subsequently  I  was  arrested  on  a  bench  warrant,  and  held  for  trial 
before  the  Superior  Court.  Though  I  earnestly  demanded  a  speedy 
trial,  yet  one  pretense  and  another  was  found  to  dqlay  it,  and  for 
about  thirteen  months  I  was  kept  by  the  state's  representatives  in 
prison  ;  but  I  am  not  disposed  to  complain,  though  it  is  a  hard  thing 
to  separate  an  innocent  man  from  his  family,  and  place  him  in  a 
situation  where  all  means  of  support  are  cut  off,  and  where,  by  the 
operation  of  law,  which  presupposes  innocence  in  every  man  until 
guilt  is  proven,  no  redress  is  possible.  During  all  this  time  my 
prison  life  was  ameliorated  by  the  kind  sympathy  of  many  friends. 


REMARKABLE    INCIDENTS. 


Illustrative  of  Providential  Guidance. 


All  of  the  most  remarkable  incidents  of  my  life  seem  destined 
to  occur  within  bird's-eye  view  of  New  Haven.  When  I  was 
fourteen  years  of  age,  at  a  point  opposite  New  Haven,  on  Long 
Island  Sound,  I  was  one  of  three  actors  in  a  little  drama  in 
which  a  human  life  was  at  stake. 

We  were  sailing  down  the  Sound  in  a  small  schooner  of  seventy- 
five  tons  burden.  The  wind,  which  had  been  light,  had  suddenly 
increased  to  that  degree  that  it  became  necessary  to  shorten  sail. 
This  work  was  nearly  completed,  when  suddenly  one  of  the  men 
was  projected  into  the  sea. 

I,  being  at  the  helm,  put  it  hard  to  leeward  and  brought  the 
vessel  head  to  the  wind.  The  other  man  being  aloft,  I  ran  and  let 
both  the  jib  and  foresail  sheets  loose.  At  this  time  I  was  joined  by 
the  other  man,  and  springing  to  the  boat,  soon  launched  it  into  the 
sea. 

Although  but  a  minute  or  two  had  elapsed,  we  were  at  a 
considerable  distance  from  the  man.  This  distance,  together  with 
the  high  sea  running,  made  it  highly  improbable  that  the  man  would 
ever  be  saved.  But,  springing  into  the  boat,  I  grasped  an  oar,  and, 
inwardly  praying  for  strength,  started  on  my  perilous  but  merciful 
mission. 

I  had  nearly  reached  the  man,  when,  looking  around,  he  was 


36  AUTOBIOGRAPHY. 


nowhere  to  be  seen.  Continuing  to  urge  the  boat  forward,  I  at  last 
espied  him  as  he  rose  to  the  surface. 

Thinking  that  I  could  reach  him,  I  dropped  the  oar  and  sprang 
to  the  bow  of  the  boat.  But  a  wave  at  that  instant  struck  the  boat 
and  carried  it  to  a  distance :  at  the  same  time  the  man  again  sank 
beneath  the  surface.  I  knew  that  now  was  the  last  chante.  I 
grasped  the  oar,  and,  exerting  all  my  strength,  speedily  recovered 
my  lost  ground  ;  and  as  he  rose  to  the  surface  grasped  him  by  the 
hair  of  his  head. 

I  had  succeeded  in  my  object,  had  rescued  the  man  from  a 
watery  grave,  but  could  do  no  more.  My  strength,  consequent 
on  the  reaction  of  the  excitement  and  over-exertion,  suddenly  left 
me.  I  was  unable  to  get  him  into  the  boat.  He  had  lost  all 
consciousness,  but  I  kept  his  head  above  the  water.  When  my 
strength  returned  I  rolled  him  into  the  boat,  unconscious  as  he  was. 

Up  to  this  time  I  had  no  thought  of  the  vessel.  Now  I  looked 
for  it  and  saw  it  two  or  three  miles  to  the  leeward. 

Here  was  I,  in  a  gale  of  wind  on  the  open  sea,  in  an  open  boat 
freighted  with  an  unconscious  human  being  ;  and  to  make  it  still 
worse,  with  night  approaching.  My  work  was  not  done.  I  had  still 
to  save  both  him  and  myself.  Lifting  my  heart  in  prayer,  I  headed 
for  the  vessel.  By  hard  work  and  the  help  of  Him  who  rides  upon 
the  storm  I  succeeded  in  reaching  the  vessel  just  as  the  mantle 
of  night  fell  upon  the  water.  Sailing  into  New  Haven  harbor,  we 
remained  two  or  three  days,  until  the  man  recovered,  and  then 
proceeded  on  our  way. 

There  is  another  incident  of  which  I  will  speak,  although  it 
occurred  many  miles  from  New  Haven.  It  was  just  after  the  close 
of  the  civil  war.  We  were  sailing  from  New  York  to  Richmond, 
Va.  All  went  well  until  we  sighted  the  capes  of  Chesapeake,  when 
the  wind  suddenly  changed  and  came  in  dead  ahead.  From  a  stiff 
breeze  it  soon  became  a  living  gale.  At  first  we  shortened  sail,  but 
finally  were  forced  to  scud  before  it  under  bare  poles.     Night  came 


AUTOBIOGRAPHY.  37 


on,  and  the  darkness  was  intense.  The  wind  increased,  until  it 
fairly  shrieked  as  it  passed  through  the  rigging.  The  waves  ran 
mountain  high,  and  seemed  like  huge  devouring  monsters  hastening 
to  their  prey.  All  through  this  long,  dark  and  fearful  night  we  were 
driven  like  chaff  before  the  wind.  The  vessel,  now  borne  upon  the 
crest  of  the  waves  and  anon  sinking  into  the  trough  of  the  sea, 
labored,  and  creaked,  and  groaned,  until  it  seemed  as  if  every 
moment  would  be  her  last.  But  with  her  freight  of  precious  souls 
she  safely  drove  before  the  gale. 

Towards  morning  the  wind  began  to  abate.  Just  at  the  break  of 
■day  a  thick,  appalling  cloud  of  darkness  bore  down  upon  us. 
Swiftly  it  came,  but  spent  its  force  before  it  reached  us.  It  was 
followed  by  another — not  of  wind,  but  of  rain.  The  rain  fell  in 
torrents,  and  when  the  cloud  passed  to  seaward  not  a  breath  of  air 
remained. 

For  a  short  time  we  kept  stern  to  the  waves,  but  finally  the 
vessel  bore  round  into  the  trough  of  the  sea.  Now  the  vessel 
began  to  roll.  At  every  roll  her  bulwarks  were  buried  beneath  the 
waves,  and  the  water  surged  across  the  deck.  It  seemed  as  if  the 
masts  would  snap  asunder,  and,  to  make  bad  matters  worse,  the 
vessel  began  to  leak.  All  hands  were  called  to  the  pumps  ;  but, 
owing  to  the  heavy  rolling  of  the  vessel,  little  or  no  progress  could 
be  made.  It  was  a  terrible  moment  with  us.  Hearts,  which  never 
before  had  prayed,  were  now  uplifted  in  fervent  supplication. 
Strong  men,  who  had  laughed  defiance  at  many  a  gale,  trembled  as 
they  looked  upon  the  water. 

There  was  one  hope  left.  Our  boat  had  not  been  stove.  But 
could  it  live  in  such  a  sea  ?  We  were  resolved  to  try,  for  we  knew 
that  it  we  remained  we  should  perish.  We  secured  the  necessary 
charts  and  provisions,  and  succeeded  in  safely  launching  the  boat. 
But  before  the  order,  "Man  the  boat,"  came,  hope  feebly  revived  in 
our  breasts.  The  waves  had  somewhat  abated,  while  far  out  over 
the  water  could  be  seen  a  cloud  rising  out  of  the  sea. 


38  AUTOBIOGRAPHY. 


We  again  manned  the  pumps,  and  shortly  a  faint  zephyr  fell 
upon  us.  This  was  followed  by  another  and  still  another,  until^ 
loosening  the  sails,  they  caught  the  breeze,  and  the  noble  vessel, 
wearing  round,  sped  safely  on  her  way. 

These  e.xperiences  may  have  no  special  interest  to  the  public 
now  ;  but  as  I  write  in  my  close  quarters  in  jail  they  have  a  satisfy- 
ing influence  upon  my  own  thoughts,  giving  renewed  assurance  of 
the  protecting  power  of  Almighty  God  in  times  of  great  danger  and 
distress  ;  and,  as  I  close  this  hurriedly  written  narrative,  I  am 
moved  to  give  thanks  to  Him  who  has  so  far  given  me  strength  in 
every  trial  and  afforded  succor  in  every  dark  and  perilous  way- 
through  which  I  have  passed  in  my  life's  pilgrimage — and  upon  His 
strong  arm  I  now  lean  with  the  fullest  measure  of  confidence  in  His 
grace  and  peace. 

HERBERT  H.  HAYDEN. 


New  Haven  Jail^  December,  1879. 


MR.    HAYDEN    IN    THE   TRIAL. 


Ilts  own   Testimony  before  the  Court. —  The  Direct  Exaiitination. 


The  examination  of  Mr.  Hayden  occupied  the  greater  part  of 
four  days.  When  his  name  was  first  called  the  court-room  was  all 
attention,  and  all  eyes  were  directed  to  the  coming  witness,  who 
with  self-possession  took  the  stand.  Mr.  Watrous  desired  Mr.  Jones 
to  inquire. 

Mr.  Jones — Mr.  Hayden,  what's  your  age  ? 

Answer — Twenty-nine. 

Mr.  Jones — Mr.  Hayden,  I  want  to  ask  you  a  general  question. 
(Deep  stillness.)  First,  have  you  any  knowledge  of  the  time,  place, 
manner  or  person,  and  by  whom,  if  any,  and  when  or  where  Mary 
Stannard  came  to  her  death  ? 

The  answer  was  awaited  with  profound  stillness. 

The  prisoner  responded  clearly  and  distinctly — None  whatever. 

Mr.  Jones — Mr.  Hayden,  what  is  your  occupation  ? 

Mr.  Hayden — I  was  a  preacher  in  charge  of  the  church  at 
South  Madison.  The  place  where  I  lived  in  Rockland  was  one  I 
rented;  had  lived  there  since  April,  1877;  came  to  Rockland  in 
April,  1876;  had  lived  a  year  in  another  house — the  parsonage. 
That  first  year  in  Rockland  I  was  the  preacher  in  charge  of  the 
church  there — placed  in  charge  by  the  presiding  elder,  William  T. 
Hill.  Yes,  sir ;  the  present  presiding  elder.  The  next  place  I 
preached  at  was  Sovith  Madison. 

Mr.  Watrous — Not  quite  so  fast,  Mr.  Jones,  please. 

Witness — I  was  preaching  constantly  while  living  in  Rockland ; 


42  MR.   HAYDEN'S    TESTIMONY. 

from  April,  1877,  till  the  12th  of  August,  1877,  there  was  an 
intermission  ;  otherwise  I  worked  at  my  trade — carpentering — and 
also  teaching  school  ;  taught  school  at  South  Madison  from  October, 
1877,  till  March,  1878.  During  that  time  my  wife  was  teaching  in 
Rockland  district,  the  school  commencing,  I  think,  a  week  later  than 
mine,  and  ending  a  fortnight  before  mine  ;  I  am  not  quite  certain  on 
that  point. 

Mr.  Watrous  to  Mr.  Jones — Wait  a  moment  for  me  to  write. 

Witness — That  is  correct,  I  think.  Her  winter  term  did  not 
begin  until  after  mine.  No  ;  I  don't  recollect,  Mr.  Jones,  how  many- 
terms  my  wife  taught. 

Mr.  Jones — Well,  that's  not  important. 

Witness — I  came  to  Rockland  from  W^est  Rocky  Hill.  Lived  in 
West  Rocky  Hill  one  year  or  thereabouts.  As  to  my  occupation,  I 
was  preacher  in  charge  of  the  church — Methodist.  Prior  to  that  I 
lived  at  Middletown.  Lived  there  from  July  3,  1S73,  to  April,  1S75, 
and  was  there  to  complete  my  education.  Was  in  college  in 
Middletown.  The  last  year  while  there  I  preached  every  Sabbath 
at  West  Rocky  Hill  church,  the  church  where  I  was  stationed  the 
next  year.  In  vacations  I  worked  at  my  trade.  The  occasion  of 
my  leaving  Middletown  was  on  account  of  my  health.  It  was  a 
head  trouble. 

I  was  in  the  sophomore  class  when  I  left.  I  came  to  Middle- 
town  from  East  Greenwich  Conference  Seminary,  where  I  had  been 
four  years  and  graduated.  I  was  married  August  8,  187 1.  During 
this  time  my  wife  was  teaching  school.  She  did  not  teach  in 
Greenwich,  but  in  a  town  outside.     She  taught  at  Middletown. 

Mr.  Jones — Have  you  ever  been  upon  a  witness  stand  in  your 
life  before  the  Madison  trial? 

Witness — No,  sir. 

Mr.  Waller  asked  the  object  of  this. 

Mr.  Jones — I  see  no  reason  for  an  objection.  It  is  simply  to 
show  that  he  is  not  a  trained  witness. 

Witness — On  the  Sunday  before  the  homicide  was  in  South 
Madison  preaching.  Left  home  at  9  o'clock  Sabbath  morning. 
Yes  ;  I  had  had  a  room  in  South  Madison.  When  teaching  in  the 
town  the  winter  previous  I  had  a  room  at  the  house  of  Norman 
Scranton.  I  preached  .at  South  Madison  that  day  once,  and 
attended    Sabbath    school    and    evening    prayer-meeting.      In   the 


MR.   HAYDEN'S   TESTIMONY.  43 

previous  year  I  preached  twice  there  Sundays.  Left  home  in  my 
own  team.  No  one  was  with  me.  Left  to  return  home  at  i  o'clock 
Monday  afternoon.  It  was  my  usual  custom  so  to  do,  only  I  would 
leave  a  little  earlier  in  the  day.  During  haying  season  I  came  home 
Sunday  night,  and  during  my  wife's  confinement  I  came  home  then. 
I  stayed  till  i  on  that  Monday,  as  I  had  to  get  my  horse  shod.  I 
wished  to  see  my  stewards,  and  had  to  go  to  Hammonassett  to  see 
about  a  school  for  myself  to  teach  for  the  coming  winter.  That  is  a 
school  district  of  Madison.  No  ;  my  salary  did  not  permit  me  to 
live  without  extra  work.  I  saw  three — yes,  four  of  my  stewards 
that  day.     They  were  Norman  Scranton,  William  Minor,  Thomas 

Pendelow  and Dudley^— his  first  name  don't  come  to  me  now 

— Lancelot,  it  was.  One  of  them  lived  north,  William  Minor  lived 
a  mile  or  more  away,  and  Thomas  Pendelow  two  miles,  and  Lancelot 
Dudley  half  a  mile  further  off.     These  are  rough  estimates. 

Mr.  Jones — Did  you  go  to  the  house  of  each? 

Witness — I  did.  I  took  dinner  that  day  at  Norman  Scranton's. 
Got  my  horse  shod  in  the  morning  between  8  and  9.  Started  for 
home  about  i.  Brought  along  a  few  apples,  a  half  peck  of  oysters 
in  the  shell,  about  a  peck  of  pears  and  a  watermelon.  Mrs.  N. 
Scranton  gave  me  the  apples ;  Thomas  Pendelow  gave  me  the 
oysters,  pears  and  the  watermelon.  I  do  not  remember  particularly 
with  regard  to  the  day.  It  was  warm  and  sultry,  I  think.  Arrived 
home  at  about  3  p.  m.  No  one  was  with  me.  No  one  was  in  the 
house  that  I  remember  except  my  wife  and  children — yes,  two 
children  and  the  baby.  After  getting  home  I  took  care  of  my 
horse.  I  carried  the  articles  which  had  been  given  me  into  the 
house,  put  the  oysters  down  cellar,  the  rest  of  the  things  elsewhere. 
I  then  sat  down  in  the  dining-room,  read  a  paper  and  smoked. 

Mr.  Jones — That's  a  fault  you  have? 

Witness — A  good  fault,  I  think. 

Witness — I  sat  at  the  dining-room  window.  Yes,  sir ;  it  does 
look  over  to  the  wood  lot.  As  I  sat  reading  and  smoking,  it  being 
about  4  o'clock,  Mary  Stannard  came  into  the  room  and  said  that 
her  father  wished  the  rake. 

Mr.  Watrous — Wait  a  moment  !  Mr.  Hayden,  v»diere  was  your 
wife  then  ? 

Witness — She  was  sitting  at  the  north  dining-room  window 
holding  the  baby. 


44  MR.  HAYDEN'S   TESTIMONY. 

Mr.  Jones — Is  that  the  window  over  which  there  has  been  so 
much  controversy? 

Witness — It  is. 

Mr.  Jones — State  in  your  own  way  what  transpired. 

Witness — When  Mary  said  she  wanted  the  rake,  I  nodded  my 
head,  finished  the  paragraph  I  was  reading,  and  rose  to  go  to  the 
barn.  Mary  had  taken  the  baby  in  her  arms  from  my  wife.  The 
dining-room  windows  were  open  and  the  door  was  open.  I  went  to 
the  barn  and  got  a  rake,  and  returned  to  the  house.     As  I — 

Mr.  Jones — Now  go  slowly.  It  may  be  unpleasant  to  you,  but 
we  want  to  write  it  all. 

Witness — I  saw  Mary  coming  from  the  dining-room  door.  She 
stepped  off  the  piazza,  and  asked  me  for  the  rake  and  how  long  she 
could  keep  it.  I  told  her  my  work  was  done,  and  I  was  in  no  hurry 
for  it. 

Mr.  Jones — Where  was  your  wife  and  where  was  Mary  when  she 
asked  how  long  she  could  keep  it  ? 

Witness — Mary  was  standing  near  me  on  the  ground,  just  off  the 
piazza,  on  the  path  by  the  porch  ;  by  the  porch  I  mean  the  ell. 

Mr.  Jones — There  was  nothing  more  said  by  you  to  Mary  or 
by  Mary  to  you? 

Witness — No,  sir. 

Mr.  Jones — Did  Mary  go  to  your  barn  that  day? 

Witness — She  did  not  at  that  time. 

Mr.  Jones — Wait  a  moment.  What  did  you  do  then,  Mr. 
liayden  ? 

Witness — I  went  to  my  house  and  resumed  my  reading.  Mary 
went  toward  the  gate. 

Mr.  Jones — Did  you  notice  her  after  that? 

Witness — I  did  not. 

Mr.  Jones — Did  you  have  any  conversation  with  Mary  except  as 
stated,  and  except  in  the  presence  of  your  wife  ? 

Witness — I  did  not. 

Mr.  Jones — That  all  may  see  what  you  have  said,  it  being  a 
matter  about  which  all  should  be  clear,  will  you  point  out  where  you 
were  when  you  delivered  the  rake  to  the  girl?  [Taking  to  Mr. 
Hayden  a  photograph.     Witness  pointed  and  stated.] 

Mr.  Jones — Was  Mary  at  that  visit  any  nearer  your  barn  than 
the  spot  you  have  indicated? 


MR.   HAYDEN'S   TESTIMONY.  45 

Witness — Not  when  I  saw  her,  and  I  have  no  reason  to  suppose 
she  was  any  nearer 

Mr.  Jones — Do  you  remember  how  you  went  into  the  barn — 
through  the  door  or  the  aperture  ? 

Witness — Through  the  large  door. 

Mr.  Watrous — The  large  door  through  which  you  drove  a  load  of 
hay? 

Witness — Yes,  sir. 

Mr.  Jones — After  that  you  resumed  reading  and  smoking  ? 

Witness — I  did. 

Mr,  Jones — What  else  occurred  that  afternoon  ? 

Witness — About  half-past  4  George  Davis  came  in  to  see  if  I 
could  work  for  him.  I  don't  know  whether  I  had  got  through 
smoking  then  or  not.  Mr.  Davis  lives  away  a  good  three  miles  in  the 
town  of  Killing^vorth.  He  wished  me  to  come  and  work  with  him 
in  his  lot. 

Mr.  Jones — Did  you  arrange  with  him  ? 

Witness — I  did.  I  was  to  go  Wednesday  morning.  I  told  him 
in  the  first  place  I  did  not  see  how  I  could  come  as  I  had  not  got  in 
all  my  potatoes.  He  said  he  should  have  a  number  of  days'  work 
for  me.  I  said  I  would  like  to  have  him  average  so  that  I  could 
work  for  him  and  do  my  own  work  too.  He  was  at  the  house  only  a 
few  moments. 

Mr.  Jones — What  else  occurred  that  Monday  afternoon  of  any 
importance  ?  , 

Witness — I  don't  know  of  anything. 

Mr.  Jones — Did  you  see  Mary  Stannard  that  day  or  her  father 
that  day  ? 

Witness— I  did  not. 

Mr.  Jones — Nothing  else  occurred  ? 

Witness — Not  that  I  recollect  now. 

Mr.  Jones — Mr.  Hayden,  were  you  alone  with  Mary  Stannard 
that  day? 

Witness — I  was  not. 

Mr.  Jones — Or  have  any  conversation  with  her  as  stated  ? 

Witness — There  was  none. 

Mr.  Jones — Had  you  at  that  time,  Mr.  Hayden,  any  knowledge 
that  Mary  Stannard  was  in  fact,  or  pretended  to  be,  in  a  peculiar 
position  ? 


46  MR.  HAYDEN'S   TESTIMONY. 

Witness — I  had  no  knowledge  of  it. 

Mr.  Jones — Did  the  thought  enter  your  mind  ? 

Witness — It  did  not. 

Mr.  Jones — Did  you  have  any  conversation,  that  day  or  the  day 
prior  to  that,  or  on  any  day,  on  that  subject,  of  any  kind? 

Witness — I  did  not. 

Mr.  Jones — Was  there  any  reason  why  you  should  think  there 
was? 

Witness — No  reason  imder  the  sun. 

Mr.  Jones — Mr.  Hayden,  were  you  ever  criminally  intimate  with 
that  girl  ?     [Deep  silence  in  the  court-room.] 

Witness — I  never  was.     Never  ! 

Mr.  Jones — Breaking  the  chain  a  moment,  what  was  the  condi- 
tion of  your  house  so  far  as  to  its  being  infested  with  vermin  ? 

Witness — It  was  infested  with  vermin. 

Mr.  Jones — With  what  ? 

Witness — Rats.  Yes,  sir  ;  I  had  a  conversation  on  the  subject 
with  Thomas  Pendelow.  It  was  the  Sunday  before  that,  August 
nth,  that  Mary  Stannard  went  to  Mrs.  Studley's  to  live.  I  spoke 
with  Mr.  Pendelow  at  South  Madison.  He  told  me  that  he  by  all 
means  would  buy  arsenic.  I  told  him  that  my  wife  was  opposed  to 
it,  strongly  opposed  to  my  having  poison  of  any  kind  in  the  house. 
I  remember  when  we  first  moved  to  Rockland  we  found  in  the 
parsonage  a  bottle  labeled  "Poison."  She  said  that  she  would  not 
have  it  in  the  house,  and  made  me  take  it  out  and  destroy  it.  I  had 
talked  with  l>er  about  buying  arsenic.  She  was  strongly  opposed  to 
it.  That  was  before  I  had  talked  with  Pendelow.  I  don't  remem- 
ber of  talking  with  any  one  else  about  buying  it.  No  ;  I  did  not 
fully  make  up  my  mind  to  buy  after  that  conversation  with  Mr. 
Pendelow. 

Mr.  Jones — Mr.  Hayden,  when  was  it  that  you  settled,  and  what 
was  the  occasion,  to  buy  arsenic  ? 

Witness — It  was  during  the  last  week  in  August,  when  I  found 
that  the  whortleberries  we  had  preserved  had  been  destroyed. 
They  had  been  put  in  a  jar  covered  with  paper,  either  tied  or  sealed 
down,  and  the  rats  had  gnawed  through  the  paper  and  intermingled 
with  the  berries.  I  do  not  recollect  whether  it  was  my  wife  or  Mrs. 
Davis  who  discovered  it.  I  think  it  was  my  wife.  My  wife  at  that 
time  was  not  able  to  go  down  cellar.     If  my  wife  called  my  attention 


MR.  HAYDEN'S   TESTIMONY.  47 

to  it,  they  had  been  brought  up  stairs.  I  then  resolved  to  get 
arsenic. 

Mr.  Jones — Were  you  going  to  tell  your  wife  about  it  ? 

Witness — I  was  not. 

Mr.  Jones — You  say  you  fully  determined.  Did  you  say  any- 
thing to  anybody  of  your  intention  ? 

Witness — I  did  ;  I  think,  with  Mrs.  Davis  present,  I  said  :  "  I 
shall  certainly  doctor  the  rats."  I  did  not  tell  my  wife  of  my 
intention. 

Mr.  Jones — What  was  your  wife's  condition  then  ? 

Witness — She  was  in  feeble  health  and  very  nervous.  She 
mentioned  ratsbane  as  the  thing  she  would  have  no  objection  to  my 
getting. 

Mr.  Jones — Did  you  know  at  that  time  that  arsenic  and  ratsbane 
were  identical  ? 

Witness — I  did  not  until  Professor  Johnson  so  said.  I  had 
before  that  had  Paris  green,  and  always  kept  it  in  the  barn. 

Mr.  Jones — That  contains  arsenic,  does  it  not? 

Witness — I  could  not  tell  you. 

Mr.  Jones — It's  pretty  much  all  arsenic.  Now  we  will  come 
down  to  Tuesday.     Did  you  leave  home  Tuesday  ? 

Witness — I  did,  shortly  after  6  a.  m.  I  went  away  to  get  feed 
for  my  horse — oats.  It  was  the  occasion  of  my  going  away.  I  did 
not  get  them  at  South  Madison  Monday,  as  I  had  no  account  at 
South  Madison.  I  had  store  accounts  at  Durham,  at  Leach's  and 
Davis's. 

Mr.  Jones — You  had  a  little  homeopathic  account  at  Rockland, 
at  a  little  store  there  ? 

Witness — I  did  not  go  there,  as  sometimes  they  had  oats  and 
sometimes  not.  I  did  see  some  one  before  I  went  away.  I  saw 
Charles  Stannard.     I  did  hear  Mr.  Stannard  testify. 

Mr.  Jones — Where  was  he — the  precise  place  now — when  you 
saw  him  ? 

Witness — I  was  going  from  the  house  to  the  wood-pile.  He 
wished  me  to  draw  his  hay  that  afternoon.  I  had  drawn  it  for  him 
the  year  previous.  It  was  not  at  all  unusual  for  him  to  make  such 
requests  or  to  borrow  little  things. 

Mr.  Jones — What  articles  did  he  borrow  ? 

Witness — I  can't  remember.     He  felt  perfectly  free  to  come. 


48  MR.  HAYDEN'S   TESTIMONY. 

[Mr.  Hayden  during  recess  returned  to  his  seat.  With  him 
were,  in  this  momentous  period  of  the  trial,  his  wife,  father  and. 
mother,  brother  and  wife's  brother,  who  all  talked  with  him,  and 
gave  him  smiles  and  cheer  ;  and  two  or  three  other  family  friends. 
Mr.  Hayden  told  his  story  to  the  court  in  a  straightforward  way, 
with  every  indication  of  frankness,  and  made  a  good  impression.] 

Mr.  Jones — Mr.  Stannard  wished  you  to  haul  some  hay  ;  what 
occurred  ? 

Witness — I  told  him  that  in  the  morning  I  had  got  to  go  away, 
and  in  the  afternoon  to  draw  wood.  I  am  not  positive  whether  I 
said  draw  or  get.  I  don't  think  that  I  told  him  definitely  where  I 
was  going,  but  simply  going  away.  I  went  to  get  oats,  molasses, 
fullers'  earth  for  the  house,  some  tools  for  myself,  some  arsenic  for 
the  rats. 

Mr.  Jones — Had  you,  when  you  left  the  house,  made  up  your 
mind  to  go  to  Middletown  ?     A, — I  had  not. 

Mr.  Jones — What  did  you  want  the  fullers*  earth  for  ? 

Witness — For  use.  Well,  persons,  whether  old  or  young,  chafe. 
Yes  ;  I  have  some  at  present  in  my  cell.  I  went  one  way  to  Mid- 
dletown, and  came  back  the  other.  It  was  more  according  to  habit 
that  I  did  so,  and  the  right  hand  road  was  the  easier  to  go  and  the 
other  the  easier  to  return.  Besides,  it  was  a  pleasanter  way  on  a  hot 
day. 

Mr.  Jones — Will  you  point  out  the  road  ? 

Witness  (pointing  on  the  map) — ^It  was  when  in  Durham  that  I 
decided  to  go  to  Middletown.  When  I  got  to  Durham  I  found  that 
it  was  but  little  after  7  o'clock,  that  my  horse  was  in  good  condition, 
it  was  still  cool,  and  I  wished  to  see  about  some  tools.  I  did  not 
suppose  that  they  kept  fullers'  earth  at  Durham.  Do  not  remember 
seeing  any  one  on  the  way.  I  remember  that  Fillmore  Scranton 
and  Wilbur  Stevens  testified  to  meeting  me  between  Durham  Center 
and  my  home. 

Mr.  Jones — Did  you  meet  them  ? 

Witness — I  did  not.  At  8  o'clock  I  was  in  Middletown.  The 
first  place  I  went  to  was  Lafayette  Burton's.  I  went  into  the  house  ; 
saw  Mrs.  Burton  ;  her  husband  was  out.  I  cannot  positively  state 
that  she  said  where  he  was,  but  I  think  she  said  at  the  Industrial 
School.  The  time  next  before  that  I  stopped  at  the  house  was 
August  13.       Next  prior  to  that  I  had  been  there  in  May,  I  think 


MR.    HAVDEN'S    TESTLMOXY.  49 

and  next  before  that  in  March.  I  made  arrangements  with  Burton 
in  the  fall  of  1877,  contracting  with  him  for  a  lumber  wagon.  I  was 
to  pay  him  money  for  the  iron,  and  produce  for  the  wood-work.  I 
did  not  know  how  much  it  was  to  cost  me,  but  it  was  somewhere  in 
the  neighborhood  of  $45.  I  had  had  previous  acquaintance  with 
him.  We  talked  it  over,  and  thought  it  would  cost  about  $45.  The 
produce  was  things  I  raised  on  the  farm,  turnips,  potatoes,  or  any- 
thing that  I  raised  that  I  had.  That  was  arranged  in  the  fall  of 
1877.  The  vegetables  were  to  be  delivered  at  any  time  that  he 
wished.  Had  known  Burton  as  far  back  as  1873.  Had  lived  in  the 
house  with  him  at  one  time.  Was  a  man  in  whom  I  had  confidence. 
The  arrangement  was  broken  up  the  1st  of  March,  1878.  I  had 
delivered  him  at  that  time  $9  or  l^io  worth  of  vegetables.  My  wife 
bought  me  a  wagon  with  her  school  money,  and  then  I  went  to 
Middletown  and  told  Burton  that  I  needed  not  the  wagon. 

Mr.  Jones — Your  good  wife  bought  the  wagon  with  the  avails  of 
her  teaching  ? 

Witness — Yes.  Mr.  Burton  and  I  agreed  as  to  tools  in  place  of 
the  wagon.  He  agreed  (it  was  in  February)  to  pay  me  for  what  he 
had  received  in  tools.  I  told  him  I  should  need  some  bits,  a  plow, 
some  machinist's  tools,  a  drill,  some  callipers  and  a  square.  Mr. 
Burton  at  that  time  worked  for  the  Star  Tool  Company. 

Mr.  Jones — That  concern  was  then  in  full  life  ? 

Witness — Well,  I  can't  say  that. 

Mr.  Jones — It  had  been  running  down  for  some  time  ? 

Witness — Yes,  sir  ;  he  went  to  work  then  for  the  Industrial 
School.  The  tools  were  to  be  delivered  at  his  house.  Every  time  I 
went  I  was  told  that  I  should  surely  have  the  tools  the  next  time.  I 
was  quite  anxious  for  the  bit  to  drill  iron  with.  I  did  not  then,  nor 
do  I  now  know,  where  the  Industrial  School  is.  I  knew  the  general 
direction.  No  ;  one  does  not  pass  in  sight  of  the  school  in  going. 
I  lived  last  on  Cross  street.  High  is  the  street  running  by  the 
college.  You  could  not  see  the  building  from  Cross  street  from 
where  I  lived.  By  walking  up  a  distance  I  could  see  the  buildings. 
They  appeared  to  be  two  miles  away. 

Mr.  Jones — That  is  the  institution  where  naughty  girls  are  sent? 

Witness — So  they  say.  Yes ;  if  asked  independent  of  what  I 
have  heard  in  court,  I  should  say  it  was  three  miles  away.  I  drove 
by  the  building  once  after  I  had  moved  to  Rockland.     It  was  cither 


50  MR.   IIAYDEN'S    TESTIIMONY. 

with  Fillmore  Scranton  or  Walter  Green.  I  was  surprised  at  hearing 
Mr.  Burton  say  he  could  walk  there  in  fifteen  minutes.  I  didn't 
turn  off  that  3d  of  September  and  drive  up  there  first,  because, 
when  the  tools  were  done,  they  were  to  be  at  the  house,  and,  second, 
because  I  did  not  know  where  the  buildings  were.  I  do  not  see 
now,  from  what  Mr.  Harrison  has  said,  the  exact  location.  Burton's 
house,  in  reference  to  Tyler's  drug  store,  is  a  mile  north. 

Mr.  Jones — Oh  !  then  I  am  all  in  a  fog  about  that  point. 
Witness — I  was  at  Mr.  Burton's  that  day  but  a  few  moments.  I 
don't  think  I  ever  saw  the  Industrial  School  when  on  my  way  to 
Middletown.  I  staid  at  Burton's  three  or  four  minutes.  I  then 
went  to  Tyler's  drug  store.  I  hitched  my  horse  in  the  shade.  T 
went  there  direct  from  last  place.  George  Tyler  was  there.  I  had 
been  there  before.  I  couldn't  enumerate  the  number  of  times  I  had 
been  in  that  drug  store.  I  had  known  Mr.  Tyler  since  1873.  I 
bought  all  my  Paris  green  there,  fullers'  earth  and  all  my  articles  in 
the  apothecary's  line.  No  one  else  was  there  but  George.  I  asked 
George  Tyler  if  he  had  fullers'  earth  there.  He  went  to  the  back 
part  of  the  store  to  get  it.  I  don't  know  further  than  that  he  went 
into  the  back  part.  Whether  he  went  down  cellar  I  can't  tell. 
When  he  returned  he  brought  fullers'  earth.  He  had  a  coarse, 
unground,  unpulverized,  I  should  say,  article.  I  told  him  I  wanted 
better.  He  said:  "We've  another  kind,"  and  went  and  got  some.  I 
think  I  was  looking  over  some  gift  almanacs  while  he  was  away. 

Mr.  Jones  (obtaining  a  pad  of  blotting  paper)  asked  Mr.  Hayden 
to  draw  a  sketch  of  that  store.  Mr.  Hayden  employed  himself  thus 
for  a  minute  or  two. 

Witness- — The  store  faces  the  highway  from  Main  street.  A 
counter  and  show-case  upon  it  is  on  the  right.  I  stood  at  the  show- 
case next  the  shed  while  George  was  gone.  [The  lawyers  gathered 
around  witness.]  The  gift  almanacs  were  here  (pointing  to  the 
diagram).  After  I  told  him  that  I  desired  a  better  article,  he  says: 
"We  have  it."  After  he  had  carried  the  first  batch  back,  he  went  to 
the  show-case  and  showed  me  an  article  put  up  in  boxes.  I  should 
think  of  that  depth  (designating). 

Mr.  Watrous — About  three  inches? 

Witness — Yes,  sir.  I  approved  of  it.  At  this  point  David  came 
to  the  store.  As  I  said  it  he  (George)  moved  back  to  the  scales. 
The  cigar  case  is  there  and  the  soda  case  there  (^pointing).     I  then 


MR.   HAVDEN'S   TESTIMONY.  53 


told  Mr.  David  Tyler  that  I  wanted  an  ounce  of  arsenic  for  rats. 
He  put  it  up.  George  was  then  doing  up  fullers'  earth.  I  sat  down 
in  a  chair  opposite  No.  2  counter,  about  opposite  the  scales  and 
nearest  the  road.  I  don't  remember  as  I  did  anything  more  than 
look  at  a  gift  almanac.  1  do  not  know  where  David  got  the  arsenic. 
1  do  not  know  whether  it  was  from  a  bottle,  a  package,  or  an  open 
box.  I  did  not  watch.  I  told  him  I  wanted  an  ounce  of  arsenic, 
and  he  proceeded  to  get  it.  David  did  it  up.  The  whole  cost 
thirty-five  cent.s — the  fullers'  earth  twenty-five  cents,  the  arsenic  ten. 
The  arsenic  was  marked  "  Poison  "  by  Dafid.  When  I  spoke  about 
arsenic  two  ladies  came  into  the  store,  and  George  went  to  wait 
upon  them.  I  do  not  know  who  they  were.  They  were  strangers. 
1  had  a  Peruvian  dollar  in  my  pocket.  I  asked  him  how  much  it 
was  worth.  He  said  eighty-fi\e  cents ;  that  he  had  one  in  his  till, 
and  he  wished  he  could  get  rid  of  it.  I  handed  him  a  dollar  bill, 
and  he  took  out  the  thirty-five  cents.  Nothing  else  happened  in  the 
store  of  any  importance.  I  was  in  the  store  about  ten  minutes. 
When  I  went  into  the  store  1  made  inquiry  for  David  Tyler. 
George  said  he  had  just  stepped  out  to  the  post  office  for  the  mail. 
As  I  stepped  away  from  the  store  I  saw  Dr.  Bailey.  He  was  our 
family  physician.  He  had  never  been  to  Rockland  ;  but  we  had 
been  to  Middletown  to  consult  him. 

Mr.  Jones — Did  not  your  wife  say  he  called  to  see  your  little 
boy?     A. — Did  she?     I  do  not  recollect  it. 

Mr.  Jones — Do  you  know  Walter  Green,  of  Rockland  ? 

Witness — Yes,  sir. 

Mr.  Jones — Do  you  remember  that  he  was  attended  by  Dr. 
Bailey  ?     It  may  refresh  your  recollection. 

Witness — Oh,  yes  :  1  remember  that,  as  I  fetched  the  doctor  for 
him  ;  but  I  can't  recollect  that  the  doctor  visited  us.  Yes  ;  it  was  I 
stopped  Dr.  Bailey. 

Mr.  Jones — Whom  did  you  meet  when  driving  home  ? 

Witness — I  met  in  the  first  place  Duell  Stevens  in  Middletown, 
He  knew  me  .  I  knew  him.  He  was  unloading  charcoal  at  the  next 
house  north  ot  Burton's.  Stevens  lived  in  Rockland,  the  next  house 
south  of  me.     Yes  ,  in  short,  was  a  neighbor  of  mine. 

Mr.  Jones — You  didn't  try  to  keep  out  of  sight  of  him  ? 

Witness — I  did  not.  When  driving  out  of  Middletown  I  met 
again  Duell  Stevens,  and  soon  after  met  Sereno  Scranton. 


54  MR.   HAYDEN'S   TESTIMONY. 

Mr.  Jones — Do  you  mean  Sereno  of  Madison' 

Witness — Oh  !  I  don't  mean  tliis  one  here,  but  S.  S.  Scranton. 
Lives  in  Durham.  I  had  met  him  at  the  A'ineyard.  "He  gave  me 
reports  of  father's  and  mother's  health.  [A  tear  stood  in  the  eye  of 
witness'  father.]  I  can't  say  that  I  met  any  one  else  on  my  way 
until  I  got  to  Durham.     I  may  have  passed  several  teams. 

Mr.  Jones — Didn't  try  to  hide  yourself?     No  occasion  for  that? 

Witness — No,  sir. 

Mr.  Jones — How  far  is  it  from  your  house  to  New  Haven  ? 

Witness — Twenty  miles. 

Mr.  Jones — Prior  to  the  time  you  were  brought  here  and  locked 
up  in  this  jail,  did  you  know  any  New  Haven  druggists  ? 

Witness — I  did  not,  nor  do  I  now,  except  one.  On  my  way  back 
from  Durham  I  bought  at  Durham  a  bushel  of  oats  and  a  gallon  of 
molasses. 

Mr.  Jones — Did  you  get  rid  of  that  Peruvian  dollar? 

Witness  (smiling  a  little) — No,  I  got  trusted.  The  post  office 
was  in  the  store  of  Leach,  where  I  bought  the  oats,  etc.  I  got  a 
letter  there  for  my  wife  and  one  for  Silas  Y.  Ives. 

Mr.  Jones — Did  you  have  or  had  you  any  reason  for  stopping  at 
any  place  after  leaving  Durham  ? 

Witness — None  whatever.  It  was  a  very  warm  and  sultry  day. 
Yes  ;  my  horse  panted.  I  made  my  first  stop  in  the  road  in  front  of 
Charles  Stannard's  because  my  little  girl  said  :  "  Papa,  I  want  to 
ride  home."  No  ;  I  had  not  up  to  that  time  any  knowledge  that  my 
children  were  at  Stannard's.  My  little  girl  was  standing  in  front.  I 
was  some  twenty  or  thirty  feet  north  of  a  spot  in  the  road  opposite 
their  gate. 

Mr.  Jones — Did  you  stop  there  ? 

Witness — I  did.  I  partially  pulled  my  horse  out  of  the  road 
when  I  heard  my  little  girl.  The  point  was  nearly  opposite  the 
gate.  [Witness  pointed  it  out  for  Mr.  Jones  in  a  little  pencil 
sketch.]  The  next  person  I  saw  was  Charlie  Stannard.  He  came 
around  to  the  corner  of  the  house,  came  out  the  gate,  and  as  I 
stopped  my  team  he  was  behind  me.  The  carriage  was,  oh,  I  should 
think,  all  of  eight  feet  away.  I  spoke  to  him  and  he  to  me.  I  do 
not  remember  what  was  said  then.  Before  I  had  got  out  of  my 
wagon  my  little  girl  was  joined  by  my  little  boy.  I  jumped  out  of 
the  wagon  and  put  in  Lenny  and   Emma,  and  when  I  turned  round 


MR.   IIAVDEN'S    TESTIMONY.  55 

to  speak  to  Mr.  Stannard  again,  Ben  Stevens  and  Mary  Stannard 
were  standing  inside  the  fence,  leaning  upon  it. 

Mr.  Jones — Now,  Mr.  Hayden,  without  my  asking  any  question 
of  you,  I  wish  you  would  give  all  the  details  of  what  was  said  and 
done  there. 

^\'itness — I'll  give  it  to  you  as  I  remember.  Mr.  Stevens  spoke 
and  said  it  was  a  warm  day,  and  asked  if  T  had  driven  far.  I  said 
yes,  from  Middletown.  Then  I  turned  to  Mr.  Stannard  and  asked 
him  for  a  drink  of  water.  I  had  been  smoking,  and  the  weather 
was  very  dry.  He  said  yes,  and  I  gave  the  reins  to  Emma,  who  was 
in  the  wagon,  and  followed  Stannard  into  the  house.  We  went  into 
the  front  door  and  into  the  hall. 

Mr.  Waller — I  did  not  get  that.     Witness  carefully  rei)eated  it. 

Witness — We  passed  from  there  to  the  front  room,  from  there  to 
the  kitchen,  to  the  pantry.  Mr.  Stannard  took  a  glass  and  lifted  me 
some  water  from  a  pail.  I  tasted  it,  told  him  it  was  warm,  and 
threw  the  water  out  of  the  window  and  handed  back  the  glass.  We 
then  followed  the  same  route  back  to  the  door.  Probably  I  should 
have  stated  that  Susan  Hawley  was  in  the  kitchen,  and  I  said  to  her: 
"Good  morning."  Also  said  good  morning  to  Mary  Stannard.  As 
I  went  out  Stevens  and  Mary  still  stood  in  the  same  place  where 
1  left  them. 

Mr.  Waller — Where  ?     Mr.  Jones— Hanging  on  to  the  fence. 

Witness — I  then  got  into  the  wagon,  and  then — I  cannot  tell  how 
the  conversation  opened,  but  Mr.  Stevens  and  I  got  talking  about 
some  lumber  at  Mr.  Hills's. 

Mr.  Jones — You  may  state  the  conversation. 

Witness — August  9  James  Hill  had  a  barn  blown  down.  The 
conversation  was  about  a  Southern  pine  floor  which  Stevens  said  he 
had  been  trying  to  purchase  for  Lemuel  Scranton.  He  said  he 
hadn't  made  much  headway  in  the  purchase  because  Fillmore 
Scranton  and  Nehemiah  Burr  were  outbidding  him.  He  stated  that 
he  thought  it  was  worth  $16,  but  Hill  wanted  $20,  and  Mr.  Lemuel 
Scranton  did  not  Avant  him  to  give  over  ^17.  While  we  were 
engaged  in  this  conversation  Mary  had  left  us;  shortly  re-appeared 
with  a  pail,  and  told  her  father  she  was  going  to  the  spring  for  a  pail 
of  water. 

Mr.  Jones — You  may  state  right  here  if  that's  the  only  place  for 
their  getting  water?     A. — It  is. 


56  MR.   HAYDEN'S   TESTIMONY. 

Mr.  Jones — On  what  subject  did  you  have  conversation  with 
Benjamin  Stevens  at  Stannard's  house? 

Witness — I  talked  about  the  weather  and  other  conimon-])lace 
subjects. 

Mr.  Jones — What  time  was  this  ? 

Witness — It  was  shortly  after  1 1  o'clock. 

Mr.  Jones — Was  Mary  anywhere  in  sight?     A. — No,  sir. 

Mr.  Jones — If  you  saw  Mary  anywhere  about  that  time,  you  may 
state. 

Witness — As  I  was  on  my  way  home  in  the  carriage,  I  met  Mary 
coming  with  a  pail  of  water. 

Mr.  Jones — How  far  should  you  think  it  was  from  Stannard's 
house  down  to  the  spring? 

Witness — I  should  think  about  forty  rods. 

Mr.  Jones — If  you  were  in  your  carriage  looking  southerly,  how 
soon  would  a  person  pass  out  of  view  after  leaving  Stannard's  house 
going  to  the  spring  ? 

Witness — I  should  think  about  half  the  distance. 

Mr.  Jones — Mr.  Hayden,  before  continuing  your  story,  I  desire 
to  take  you  back  to  the  barn.  You  said  when  you  entered  the  barn 
to  get  the  rake  you  entered  by  the  large  door.  Why  did  you  do 
this  ? 

Witness — The  reason  was  because  the  barn  was  not  accessible  at 
that  time  by  the  small  door,  one  of  the  hinges  being  broken  off.  I 
had  also  commenced  to  board  up  that  spot.  At  this  time  I  had  no 
stalls  in  the  barn,  and  my  horse  was  in  one  corner.  At  that  time  I 
fed  my  horse  from  a  firkin,  and  hitched  him  to  a  post  that  was 
within  four  or  five  feet  of  the  corner  of  the  barn.  I  boarded  up 
the  open  space  in  the  northeast  corner  so  that  the  horse  could  not 
get  his  feet  over. 

Mr.  Jones — Where  did  you  usually  enter  the  barn  ? 

Witness — By  the  big  door. 

Mr.  Jones — Now  let  me  take  you  back  to  the  spring.  You  may 
state  where  you  met  Mary. 

Witness — When  I  started  for  home  from  Stannard's,  I  met  Mary 
north  of  the  spring  on  the  road.  She  had  come  out  of  the  pasture 
lot  and  stepped  into  the  road  before  I  saw  her.  I  stopped  my  horse 
and  asked  Mary  for  a  drink  of  water.  My  little  girl  was  sitting  in 
the  carriage,  on   the   left  side,  nearest  the  spring.     I  got  out  of  the 


MR.  HAYDEN'S   TESTIMONY.  57 


carriage  because  it  was  inconvenient  for  her  to  pass  the  water  to  me. 

Mr.  Jones — W'liat  conversation  did  you  have  with  Mary  at  that 
time  ? 

Witness — She  gave  me  a  drink  of  water  and  1  thanked  her. 
There  was  no  other  conversation  between  us. 

Mr.  Jones — Did  you,  at  the  spring  or  in  any  other  place,  have 
any  other  conversation  with  Mary  than  what  you  have  stated  ? 

Witness — I  did  not. 

Mr.  Jones — By  signs  or  otherwise  ?     A. — 1  did  not. 

Mr.  Jones — Where  did  you  go  then  ?  I  mean  after  you  left 
Mary  ?     A. — 1  went  home. 

Mr.  Jones — Had  you  ever  made  any  arrangements  previous  to 
this  time  to  meet  Mary  anywhere  ? 

Witness — No,  sir.     I  had  not. 

Mr.  Jones — Had  you  ever  been  at  the  "  Big  Rock,"  so  called,  or 
did  you  know  where  it  was  ? 

Witness — I  did  not.  In  the  winter  of  1876  and  1877  I  went  up 
into  the  woods  pointing  in  the  direction  of  the  "Big  Rock"  with 
Mr.  Scranton,  who  then  lived  in  the  Luzerne  Stevens  house,  to  see 
about  some  wood,  and  came  out  somewhere  on  to  this  old  road. 
That  is  the  only  time  that  I  recollect  of  ever  being  in  that  vicinity. 

Mr.  Jones — Do  you  recollect  of  ever  going  blackberrying  with 
Luzerne  Stevens  ? 

Witness — I  have  been  whortleberrying  with  him,  but  not  in  this 
vicinity.  I  went  with  him  up  into  the  woods  back  of  the  old 
parsonage. 

Mr.  Jones — You  say  you  got  home  between  11  and  12  o'clock. 
Now  state  in  detail  just  what  you  did? 

Witness — 1  unhitched  the  horse,  put  him  in  the  barn  and  rubbed 
him  down.  Went  into  the  house  and  took  off  my  false  bosom  and 
collar,  put  on  my  old  pants,  and  then  went  to  my  carriage,  took  out 
the  oats,  carried  them  into  the  house  and  placed  them  in  the  store- 
room. Then  I  carried  the  sugar  and  molasses  into  the  house  and 
placed  these  articles  in  the  buttery.  Then  I  took  down  an  empty 
tin  spice  box  and  went  to  the  barn.  I  then  took  the  arsenic,  poured 
it  into  the  box  and  placed  it  away. 

Mr.  Jones — Why  did  you  put  the  arsenic  in  the  box  ? 

Witness — For  convenience  and  safety. 

Mr.  Jones — Where  did  you  put  the  arsenic  ? 


58  MR.   HAYDEN'S   TESTIMONY. 


Witness — I  put  it  in  the  barn,  in  the  south-east  corner,  under  or 
over  the  hay  and  on  the  stringer. 

Mr.  Jones — How  old  Avas  your  habe  at  this  time  ? 

Witness — Three  or  four  weeks  old. 

Mr.  Jones — Did  you  tell  your  wife  at  this  time  that  you  had 
purchased  the  arsenic  ? 

Witness — I  did  not,  because  I  knew  she  was  opposed  to  it,  and 
she  being  in  feeble  health  I  did  not  want  to  worry  her. 

Mr.  Jones — What  kind  of  a  shirt  did  you  have  on  that  day  ? 

Witness^ — A  checked  shirt. 

Mr.  Jones — By  the  way,  what  did  you  do  after  you  went  into  the 
house  from  the  barn  '' 

Witness — I  took  some  shell  oysters  that  I  had  brought  home  and 
opened  them,  out  under  the  fir  tree.  I  then  took  the  oysters  to  my 
wife  and  she  cooked  them.  I  held  the  baby.  After  the  oysters 
were  cooked  I  ate  my  dinner.  Then  I  took  the  baby  again  and  she 
made  toast  and  ate  her  dinner.  After  she  got  through  I  cleaned 
the  table,  swept  the  kitchen  and  brushed  off  the  stove.  I  don't 
think  the  dishes  were  washed  right  after  dinner. 

Mr.  Jones — Where  was  the  knife  when  you  brought  the  oysters 
in? 

Witness — It  was  in  my  hand  open.  My  wife  said  she  wanted  it 
to  peel  pears  with,  and  I  gave  it  to  her.  The  oysters  were  in  a 
white  two-quart  earthen  dish. 

Mr.  Jones — Where  was  she  when  you  handed  Mrs.  Hayden  the 
oysters  ? 

Witness — She  was  in  the  kitchen,  but  at  what  point  I  cannot 
say. 

Mr.  Jones — For  what  had  that  knife  been  used,  Mr.  Hayden  ? 

Witness — I  had  used  it  for  cutting  turnips,  beefsteak,  chicken 
and  various  other  purposes.  The  knife  was  in  the  house  more  than 
half  the  time. 

Mr.  Jones — When  did  you  first  see  that  knife  after  the  hom- 
icide ? 

Witness — On  Wednesday  afternoon.  From  the  time  I  gave  this 
knife  to  my  wife  on  Tuesday  I  did  not  have  it  in  my  possession 
until  the  time  I  have  named.     I  then  found  it  on  the  kitchen  shelf. 

Mr.  Jones — How  long  had  you  owned  that  knife  ? 

Witness — I  think  I  bought  it  in  January,  1878,  when  T  first  went 


MR.    IIAVDEN'S    TESTIMONY.  59 


to  teaching  at  South  Madison.  I  know  nothing  about  the  so-called 
found  knife.  I  never  saw  it  until  it  was  i)ro(luced  in  court.  The 
large  "boy"  knife  I  l^ought  in  New  Haven  while  Moody  and 
vSankey  were  there.  I  told  my  little  boy,  if  he  would  be  good  and 
stay  at  home,  I  would  get  him  a  knife,  and  I  did  so. 

Mr.  Jones — Now  we  will  go  back  to  the  house.  What  did  you 
do  after  you  ate  dinner  on  that  Tuesday  ? 

Witness — I  went  to  the  barn  and  fed  my  horse,  then  returned  to 
the  house  and  did  the  chamber  work.  1  then  sat  down  with  my 
wife  and  read  over  an  inventory  of  an  estate  in  which  my  wife  had 
an  interest.  It  was  a  detailed  statement  of  the  expenses  of  the 
administrator  on  the  estate  of  my  wife's  mother. 

Mr.  Jones — How  long  were  you  and  your  wife  examining  that 
account  ? 

Witness — Oh,  I  should  think  about  twenty  minutes.  We  looked 
it  over  carefully,  and  I  signed  it.  The  administrator  was  Samuel 
Shaw,  my  wife's  brother. 

Mr.  Jones — What  did  you  do  after  this  ? 

Witness — I  took  a  chair,  turned  it  down  on  the  floor,  placed  a 
pillow  upon  it,  and  then  laid  down  and  commenced  playing  with 
my  children.  While  playing  with  them  I  told  my  wife  I  must  go 
over  to  the  swamp  and  throw  up  some  wood  preparatory  to  carting. 
We  were  out  of  wood  at  this  time.  This  was  not  the  first  time  I 
had  been  over  there  and  thrown  up  wood.  I  always  did  so  before 
carting  it.  I  had  thrown  up  wood  at  the  same  place  for  Gilbert 
Stone.  I  think  this  was  in  the  latter  part  of  1877  or  first  of  1878. 
[Witness  here  pointed  out  on  the  map  where  he  threw  up  the  wood 
for  Mr.  Stone.]  I  owned  the  lot  where  I  got  my  wood.  I  bought 
the  wood  on  it  in  the  winter  of  1877  and  1878.  When  the  wood  lot 
was  bought,  the  right  of  way  was  reserved  by  way  of  the  Burr  barn 
and  also  by  way  of  Silas  Y.  Ives's  barn.  The  deed  of  the  land 
called  for  five  or  six  acres,  more  or  less. 

Mr.  Jones — Could  a  man  drive  over  this  lot  at  all  times  with  a 
pair  of  cattle  ? 

Witness — No,  sir  ;  I  don't  think  he  could,  on  account  of  the 
swampy  nature  of  the  ground. 

Mr.  Jones — Now  we  will  go  back  to  the  time  when  you  started 
for  the  wood  lot.     What  time  was  it  when  you  started  ? 
-  Witness — It  was  after  two  o'clock,  but  1  don't  think   it  was  half- 


6o  MR.   HAYDEN'S   TESTIMONY. 

past  two.  I  went  out  of  the  kitchen  door  facing  the  street.  My 
children  accompanied  me  to  the  fork  of  the  road,  and  then  I  sent 
them  back.  In  the  neighborhood  of  Stevens's  barn  I  looked  back 
and  saw  my  wife  sitting  at  the  window,  and  threw  her  a  kiss. 

Mr.  Jones — Was  this  an  unusual  occurrence  for  you  ? 

Witness — No,  sir  ;  it  was  not. 

Mr.  Jones — Now  tell  us  just  what  route  you  took  to  the  wood 
lot. 

Witness — I  went  up  to  the  Burr  barn,  then  across  the  open 
space  by  my  turnip  patch,  then  on  to  Mr.  Burr's  lot,  then  on  to 
Gilbert  Stone's  lot,  till  I  struck  the  road  ;  then  down  to  the  lot. 

Mr.  Jones — What  way  had  you   generally  taken  to  the  wood  lot  ? 

Witness — I  think  I  may  say  truthfully  that  I  almost  always  went 
by  the  way  of  the  Burr  barn. 

Mr.  Jones — What  clothing  did  you  have  on  ? 

[Witness  picked  up  the  clothing  he  had  on,  which  had  been 
brought  in  by  the  sheriff,  and  selected  out  the  pants,  shirt  and  hat 
that  he  wore  on  that  day.] 

Mr.  Jones — Do  you  recollect  how  many  piles  of  wood  you  threw 
up  on  that  day  ? 

Witness — I  think  there  were  six  or  seven  piles. 

Mr.  Jones — You  may  state  in  what  condition  you  found  the 
wood. 

Witness — I  found  much  of  it  overgrown  by  vines  and  brush, 
and  many  of  the  sticks  were  sunk  into  the  ground.  I  found  it 
difficult  to  lift  some  of  the  sticks.  I  thought  I  threw  up  about  four 
such  loads  as  my  horse  could  draw.  The  day  was  warm  and  I  took 
it  easy.  Should  think  I  was  there  over  an  hour.  As  I  picked  up 
the  wood  I  would  throw  some  of  it  toward  the  road.  Other  sticks  I 
would  take  up  and  carry.  Some  of  the  wood  was  eight  or  ten  inches 
in  diameter,  and  about  five  feet  in  length.  The  wood  was  made  up 
of  oak,  birch  and  maple. 

Mr.  Jones — If  that  wood  had  been  lying  free,  and  easy  to  pick 
up  and  handle,  how  much  sooner  could  you  have  moved  it  ? 

Witness — Under  those  circumstances  I  think  I  could  have  done 
it  in  half  the  time.    ' 

Mr.  Jones — Under  the  circumstances  in  which  you  found  the 
wood,  what  is  the  quickest  possible  time  that  you  could  have  thrown 
it  up  if  there  had  been  a  hundred  thousand  dollars  at  stake  ? 


MR    IIAYDEN'S   TESTIMONY.  6^ 


Witness-  -I  should  try  to  have  done  it  in  half  an  hour. 

Mr.  Jones— Now  indicate  on  the  map  the  route  that  you  took  on 
your  way  home. 

Witness  pointed  out  on  the  map  the  route  he  took. 

Mr.  Jones — What  time  did  you  get  home  ? 

Witness — I  think  about  4  o'clock. 

Mr.  Jones — Did  you  see  any  of  your  family  before  you  got 
home  ? 

Witness — I  did.  When  I  got  to  my  potato  patch  1  saw  my  little 
girl  Emma.  I  was  then  near  my  house.  [Witness  pointed  out  on 
one  of  the  photographs  where  he  was  when  he  saw  his  little  girl.]  I 
called  to  her  to  bring  me  a  basket.  My  wife,  I  think,  was  sitting 
near  the  east  sitting-room  window.  vShe  replied  that  there  were 
chips  in  the  basket.  I  went  into  the  house  and  poured  the  chips 
into  the  wood-box.  I  then  went  into  the  potato  lot  and  picked  up 
about  a  peck  of  potatoes  that  I  had  dug  the  night  before.  Emma 
heli:)ed  me  pick  them  up. 

Mr.  Jones — How  came  you  to  dig  the  potatoes  ? 

Witness — Luzerne  Stevens  asked  me  the  afternoon  before  how 
my  potatoes  were  turning  out,  and  I  told  him  to  come  and  see.  We 
went  to  the  potato  lot,  and  I  pulled  up  two  or  three  hills.  These 
were  the  same  that  I  picked  up  on  the  following  day. 

Mr.  Jones— Where  did  you  carry  the  potatoes,  if  you  can 
remember  all  these  little  details  ? 

Witness — Into  the  cellar.  I  then  asked  my  little  girl  if  she  had 
picked  up  the  chips,  and  after  that  I  went  up  stairs  and  took  off  my 
working  shirt  and  put  on  a  white  one. 

Mr.  Jones — Was  this  always  your  custom  ? 

Witness — It  was.  Made  a  change  when  through  the  heavy  farm 
work.  Yes  ;  it  was  raining.  [This  was  the  time  Mr.  .Stannard  said 
he  became  alarmed  about  Mary,  and  went  to  look  for  her.]  I  did 
several  chores  and  made  fire  for  supper.  I  don't  recollect  what  we 
had.  Think  it  was  a  light  supper.  No  one  was  visiting  with  us. 
Saw  Jennie  Stevens.  I  was  told  there  was  a  person  down-stairs 
when  I  was  changing  my  shirt.  When  I  came  back  he  was  gone. 
He  was  Henry  Davis,  a  peddler.  Took  a  letter  for  us.  I  played 
with  the  children  just  before  and  after  supper.  I  was  running  the 
chair  down  as  stated.  After  I  had  done  my  chores  I  went  into  my 
study  and  began  a  postal  card  to  Jason  Dudley,  of  Hammonassett, 


64  MR.   HAYDEN'S   TESTIMONY. 


in  reference  lo  a  school  about  which  I  bad  seen  him  the  day  before. 
Mr.  Dudley  pressed  me  to  take  the  school.  1  told  him  I  could  not 
consent  to  take  it  until  I  had  consulted  with  my  wife  and  family. 
AVhile  I  was  writing  the  letter  Burton  Mills  came  up  to  a  point  of 
the  road  about  there  (pointing  on  map). 

Mr.  Jones — Well,  Mr.  Hayden,  that  was  where  you  were  notified 
of  the  homicide.  Before  going  into  that  I  want  to  ask  you  about  a 
few  other  matters.  You  have  already  said  you  had  made  an 
arrangement  to  go  to  work  for  Mr.  George  Davis  on  Wednesday 
morning.     Why  didn't  you  draw  a  load  of  wood  home  ? 

Witness — I  never  went  to  the  wood  lot  until  I  had  prepared 
wood  for  loading.  It  was  my  intention  to  draw  a  load  of  wood 
from  there  Tuesday  night,  when  it  was  cool.  But  I  had  driven  my 
horse  considerably  for  the  three  days  previously,  and  the  day  before 
had  driven  him  twenty-five  miles.  I  preferred  he  should  stand  in 
the  cool  of  the  stable  than  to  have  him  stand  in  the  swamyj  of  the 
wood  lot,  annoyed  by  flies  and  mosquitoes.  The  rain  hindered  me 
from  drawing  the  load  that  afternoon. 

]\Ir.  Jones- — Now  you  may  go  on  about  being  notified  about  the 
homicide. 

Witness — While  sitting  by  the  window  writing,  Burton  Mills 
came  up  and  said  to  me  :  "  Mary  Stannard  has  been  found  with  her 
throat  cut,  upon  the  Brag  lot."  I  do  not  know  the  reason  of  its 
being  called  Brag  lot.  I  had  heard  of  the  term.  1  went  out  into 
the  kitchen  and  got  my  hat,  and  went  out  into  the  road,  and 
Luzerne  Stevens  was  there.  I  asked  Mrs.  Stevens  if  Jennie  could 
stay  with  my  wife.  She  said  yes,  and  Burton  Stevens,  Luzerne  and 
myself  started  for  the  spot.  Luzerne  led.  [Pointed  out  on  the 
map  as  he  proceeded.]  I  started  from  here,  went  here.  We  met 
no  one,  I  think,  on  the  way.  Found  there  Mr.  Mills,  his  son 
Freddie,  Nehemiah  Burr,  Andrew  Hazen — his  name  has  been  called 
here  Hazlett — Fillmore  Scranton,  Charles  Stannard,  the  father,  and  a 
stranger  whom  I  knew  not.  Have  heard  since  that  his  name  was  Mark 
Collins.  After  a  while  Sylvester  Scranton  and  another  Rockland 
man  came.  After  we  started  Charles  Stannard,  Andrew  Hazen  and 
myself  came  down  the  road  to  about  there  [pointing]. 

Mr.  Waller — The  same  Hazen  ? 

Witness — Yes,  sir.  We  came  down  the  road  to  a  coal-pit  hut, 
which  lay  about  here.     We  took  two  old  blankets  that  were  in  the 


MR.  HAYDEN'S   TESTIMONY.  65 

hut,  a  wide  board  and  two  or  three  short  sticks,  and  returned  to  the 
body. 

Mr.  Jones — Now,  Mr.  Hayden,  to  go  back  a  moment.  Was 
anythmg  said,  and,  if  so,  by  whom,  about  removing  the  body,  or 
about  having  a  postponement  ? 

Witness — I  spoke  to  Nehemiah  Burr,  and  said  the  body  ought 
not  to  be  moved  until  a  coroner  had  been  called,  because  I  had 
always  heard  and  always  supposed  that  a  body  ought  not  to  be 
moved  until  the  coroner  had  taken  the  matter  in  hand.  I  did  not 
know  but  a  justice  of  the  peace  could  act.  I  knew  there  was  a 
coroner  at  South  Madison.  The  day  previous  I  spoke  to  Mr. 
Pendelow  about  a  body  that  had  been  washed  ashore  at  Madison, 
and  if  a  coroner  was  had.  When  I  suggested  this  to  Nehemiah 
Burr,  Mr.  Burr  thought  there  could  be  no  harm  in  moving  it  to  the 
house.  Mr.  Stannard  came  to  me  and  asked  me  about  it,  and  I 
told  him  I  thought  the  body  ought  not  to  be  moved  until  seen  by  a 
coroner,  but  as  the  rest  thought  differently  I  acquiesced,  l.uzerne 
Stevens,  Charles  Scranton  and  myself  carried  the  body.  Stevens 
took  hold  of  the  head,  Charlie  Scranton  and  myself  on  either  side. 
I  took  hold  from  the  shoulder  down  to  the  hip.  I  don't  remember 
that  the  left  shoulder  was  raised  a  little  as  she  was  found,  but  that 
she  lay  on  her  back  with  her  head  inclined  to  one  side — the  right 
side.  I  heard  no  opinion  expressed  but  that  it  was  a  case  of  suicide.  I 
coincided  with  the  rest  that  it  was  suicide.  The  only  thing  that 
seemed  strange  to  me  was  the  absence  of  a  knife. 

Mr.  Waller  said  there  would  be  no  claim  but  all  up  there  thought 
at  the  time  it  was  a  case  of  suicide.     Mr.  Jones  said  :  Very  well. 

Witness,  continuing — Yes  ;  I  helped  carry  the  body  down,  as 
has  before  been  stated.  There  were  eight  of  us.  The  body  was 
carried  down  feet  foremost.  I  was  at  her  back — that  would — let  me 
see — be  on  her  left-hand  side. 

Mr.  Jones — Do  you  remember,  Mr.  Hayden,  anything  about  the 
pool  of  blood  there  ? 

Witness — I  do.  I  remember  that  there  was  blood  there,  but 
could  not  undertake  to  say  how  much.  The  time  elapsing  before 
we  moved  the  body  was  all  of  three-quarters  of  an  hour.  Before 
we  lifted  the  body  to  move  it,  it  was  so  dark  that  we  could  not  see 
the  ground,  and  lit  matches  to  look  for  a  knife.^  We  rested  the  body 
at  the  fence  of  the  Stannard  house. 


66  MR.   HAYDEN'S    TESTIMONY. 

Mr.  Jones — Give  the  whole  account  of  what  occurred  that  night 
in  your  own  words,  going  slow. 

Witness — After  a  short  time  Charles  Scranton  and  myself  started 
after  a  justice  of  the  peace.  He  said  he  was  going  for  one,  and  I 
said  I  would  go.  He  came  to  go  as  he  was  the  only  one  that  had  a 
horse  and  wagon  there.  I  went  with  him.  When  we  got  as  far  as 
our  house,  the  Hayden  house — this  house  [pointing  to  the  map  with 
pleasantry  induced  by  Mr.  Jones's  exactness  and  jocose  manner] — I 
told  him  I  wanted  to  stop  to  change  my  coat.  Wife  asked  me 
where  I  was  going.  I  told  her,  and  she  said  I  must  stay  with  her  ; 
that  she  could  not  stay  alone.  Yes  ;  Jennie  Stevens  had  gone  home, 
I  think.  Yes  ;  she  knew  that  I  had  gone  up  to  the  homicide. 
When  Burton  Mills  said  Mary  Stannard  had  her  throat  cut  up  on 
the  Brag  lot,  he  being  on  the  road  when  he  said  it,  Luzerne 
Stevens's  little  girl  came  in  and  said  Mary  Stannard  had  been 
murdered.  The  result  was  that  I  listened  to  my  wife  and  remained 
with  her,  I  told  Charlie  to  stop  on  the  way  back  for  me.  About  9 
o'clock  wife  and  myself  retired  to  the  chamber,  and  she  went  to  bed 
and  I  sat  on  the  bed  beside  her.  The  light  was  in  the  hallway  in 
full  blaze.  When  Charlie  came  back  he  told  me  he  did  not  see 
Henry  Stone,  and  that  he  thought  that  all  who  were  at  the  body 
would  be  needed  at  the  inquest.  There  was  still  no  one  with  my 
wife  but  myself.  When  I  heard  another  carriage  come  along  I 
went  to  the  window  and  sang  out :  "  Is  that  you,  Henry  ? "  He 
said  :  "Yes."     I  put  my  coat  and  hat  on,  and  went  up  with  him. 

Mr.  Jones — Do  you  remember,  Mr.  Hayden,  what  was  said 
between  you  and  Mr.  Stone  ? 

Witness — I  think  I  said  :  "  Is  that  you,  Henry  ? "'  and,  he  answer- 
ing yes,  I  said  :  "  Are  you  going  up  to  Stannard's  ?  "  He  said  : 
"Yes."  I  told  him  that  I  helped  bring  the  body  down,  and  asked 
him  if  I  should  be  wanted  as  a  witness.  He  said  yes.  I  went 
along  Avith  him.  When  we  arrived  at  the  house  everything  seemed 
to  be  in  confusion.  Henry  didn't  seem  to  know  what  was  to  be 
done  himself,  but  finally  commissioned  Charles  Scranton  and 
myself  to  go  for  a  jury.  Yes,  sir  ;  Mr.  Stone  had  fainted  away. 
Mr.  Scranton  and  myself  went  to  Edward  Stannard's,  then  to 
Wilbur  Stevens's,  Edward  Stevens's,  Austin  Stevens's,  John  Green's, 
Ellsworth  Scranton's,  and  there  were  seven  in  all.  We  got  back  at 
I  o'clock.     Then  we  lacked  five  jurymen.     Henry   Stone  said  he 


MR.   HAYDEN'S   TESTIMONY.  67 

would  have  to  go  to  Durham  for  a  doctor,  and  would  summon  the 
rest  of  the  jury  on  the  way.  It  was  pitchy  dark.  I  asked  Henry  if 
I  could  be  spared  till  morning,  as  I  wanted  to  return  to  my  wife. 
He  said  yes,  as  I  could  not  be  wanted  till  morning.  Went  home 
and  went  to  bed.  Wednesday  morning  I  got  up,  built  the  fire  ;  yes, 
5  was  my  usual  hour  for  getting  up,  except  in  winter,  when  it  was  6. 
I  hitched  up  my  horse  to  the  lumber  wagon,  and  went  over  to  the 
wood  lot  and  got  a  load  of  wood.  I  left  my  house  and  went  here 
[on  map],  drove  into  the  wood  lot,  commenced  to  load  there  [on 
map],  and  then  went  to  the  next  pile,  and  so  the  next,  so  as  to  get 
the  wood  the  handiest  way.  I  had  to  take  down  five  or  six  bars  at 
three  different  places  on  the  way.  When  I  intend  to  come  back  I 
leave  these  and  those  down,  and  put  them  up  on  the  return. 
Having  got  my  first  load,  I  went  back  after  a  second  load.  Yes  ;  I 
gave  up  going  to  Davis's  to  work  for  him,  as  I  had  to  go  to  the  jury 
of  inquest.  It  was  at  a  quarter  past  8,  perhaps  9,  when  I  got 
through  with  the  wood.  You  ask,  if  trying  to  see,  how  many  loads 
I  could  get  and  draw  in  one  day  ?  I  think  about  one  an  hour.  The 
next  thing  I  did  was  to  change  the  horse  from  the  lumber  wagon  to 
the  buggy,  and  then  take  the  week's  washing  over  to  Talcott 
Davis's.  It  was  the  ordinary  household  washing,  wife's,  mine  and 
the  children's. 

Mr.  Watrous — Sheets,  clothes,  etc.?     A. — Yes. 

Witness — Returning,  I  took  this  [showing  on  map]  route  to 
Stannard's.     Got  there  from  half-past  9  to  10  o'clock. 

Mr.  Jones — You  intended  to  get  help  for  your  wife  ? 

Witness — Well,  not  at  this  time — not  till  when  I  got  home. 

Mr.  Jones — Very  well. 

Witness — Returning,  I  met  Andrew  Hazlett.  I  saw  that  he  was 
in  lic^uor.  I  knew  that  I  had  met  him  the  night  previous  up  at  the 
body.     I  may  have  asked  him  if  he  had  come  from  Stannard's. 

Mr.  AVatrous  (politely) — Wait  a  moment. 

Witness — He  told  me  he  had  just  come  from  the  Stannards,  but 
liad  stopped  at  the  store — Wilbur  Stevens's.  I  asked  him  if  the 
jury  had  finished  their  work.  He  said  no.  That  was  all  the 
conversation  I  had  with  Andrew  Hazlett.  He  was  in  liquor,  and  I 
did  not  want  to  converse  with  him. 

Mr.  Jones — He  (Hazlett)  said  he  asked  you  if  you  suspected 
anybody.     Was  there  any  such  conversation  ? 


68  MR.   HAYDEN'S   TESTIMONY. 

Witness — There  was  not. 

Mr.  Jones — You  call  him  Andrew  Hazen  ;  did  Hazen  say  to  you 
that  they  suspected  anybody  ?     A. — He  did  not. 

Mr.  Jones — Was  there  anything  of  the  kind  said  ? 

Witness — Why,  there  was  nothing  of  the  kind  said. 

Mr.  Watrous — By  either  ?     A. — By  either. 

Mr.  Jones — Did  you  suppose  his  name  was  Hazen  ? 

Witness — Yes,  sir.  I  never  heard  him  called  by  any  other  name 
until  after  the  3d  of  September.  Well,  I'll  mention  names,  if  that's 
too  general,  as  you  say.  There  were  Luzerne  Stevens,  Henry- 
Stone,  Fillmore  Scranton. 

Mr.  Waller — What  we  suppose  his  name  was  I  object  to. 

Mr.  Jones — His  name  would  be  to  him  (witness)  what  he 
supposed  it  was. 

Mr.  Waller  to  Mr.  Jones — You  can  argue  that  when  you  come  to 
the  letter. 

Mr.  Waller — This  man's  supposition  has  no  bearing.  What 
people  suppose  won't  do.  It  is  right  enough  to  show  what  other 
people  called  him,  if  they  wish  ;  to  show  that  the  girl  in 
writing  the  letter  might  have  used  the  name  ;  but  supposition  will 
not  do. 

Mr.  Watrous — There  was  no  doubt  of  the  identity  between  the 
man  called  Hazen  and  Hazlett. 

The  court  allowed  that  witness  should  give  the  name  he  knew 
the  man  by. 

Mr.  Watrous — That's  all  we  want. 

Witness  (emphatically  in  answer  to  question) — No  !  I  never 
knew  him  by  any  other  name  than  Andrew  Hazen  except  till  the 
trial  at  South  Madison,  when  he  said  his  name  was  Hazlett. 

Mr.  Jones — Now  go  on. 

Witness — I  saw  Susan  Hawley  as  I  arrived.  I  asked  her  where 
the  men  were.  She  said  up  where  the  body  was  found.  I  drove 
home,  put  up  my  horse,  and  went  to  the  spot.  Went  back,  after  a 
little,  to  the  Stannard  house,  and  then  back  home  and  got  ready  to 
be  at  the  inquest.  When  up  in  the  woods  the  men  said  the  jury- 
would  be  at  work  about  i  o'clock.  I  was  the  first  witness  called. 
My  testimony  was  in  answers.  Henry  E.  Stone  put  every  question 
to  me  but  one,  and  Edward  Stannard  put  that.  Mr.  Stone  asked 
-where  I   first   saw  Mary  Stannard   after  her  return  from  Guilford  ; 


MR.   HAYDEN'S   TESTIMONY.  69 

when  I  next  saw  her ;  and  where  I  was  Tuesday.  I  was  asked 
where  I  was  Tuesday  afternoon.  My  answer  was  that  I  went  over 
to  the  wood  lot.  Ed.  Stannard  asked  me  if  Mary  Stannard  told  me 
the  cause  of  her  trouble,  and  I  answered  that  she  never  told  me  she 
had  any  trouble,  and  therefore  I  knew  not  the  cause.  I,  being 
finished  with,  asked  that  my  examination  be  final,  as  I  wished  to  go 
and  get  help  for  my  wife.  On  my  return  I  found  my  wife  very 
nervous,  and  I  went  and  got  Mrs.  Davis.  Mrs.  Davis  got  to  the 
house  near  i  o'clock.  Mrs.  Davis  was  the  lady  with  my  wife  during 
her  confinement.     She  stayed  four  weeks  then. 

Mr.  Jones — How  long  were  you  before  the  jury  of  inquest  ? 

Witness — Well,  I  was  going  to  say  five  minutes  ;  it  may  have 
been  ten.  It  was  a  very  short  time.  No,  sir  ;  I  never  made  the 
slightest  attempt  to  conceal  my  visit  to  Middletown  or  what  I 
purchased. 

Mr.  Jones — Mr.  Hayden,  you  may  state  if  you  told  the  court  at 
Madison  where  you  went  and  what  you  purchased.  Was  anything 
asked  about  the  arsenic  except  by  me  ? 

Witness — I  don't  remember  that  there  was  a  single  question 
asked  about  what  I  purchased  except  by  you,  Mr.  Jones. 

Mr.  Jones — And  what  did  ycu  say,  among  other  things,  that  you 
purchased  ? 

Witness — That  I  bought  arsenic.  After  my  arrest,  also,  as  you 
say,  I  spoke  about  it,  and  before  any  trial.  (To  Mr.  Waller) — It  was 
Triday  September  6. 

Mr.  Jones — And  had  you  any  counsel  at  that  time  ? 

Witness — 1  had  none. 

Mr.  Jones — Where  was  it  spoken  of  on  that  Friday  ? 

Witness — It  was  spoken  of  in  the  probate  office  in  Madison. 
When  I  arrived  at  Madison  in  the  care  of  Sheriff  Hull,  I  sent  for 
my  stewards.  Two  only  could  come  ;  they  were  William  Minor 
and  Alexander  Johnson.  I  took  them  into  a  little  room  off  from 
the  probate  office,  and  told  them  of  my  arrest. 

Mr.  Waller — Wait  a  moment.  I  can't  see  what  this  man  told 
■confidentially  to  his  friends  in  a  private  room  on  the  eve  of  his 
arrest,  and  friends  who  are  of  the  same  society,  and  what  he  said  to 
counsel,  or  what  Damon  said  to  Pythias  or  Pythias  to  Damon,  with 
the  bond  of  affection  existing,  has  to  do  with  this  case.  He  did  not 
tell  publicly  so  that  the  authorities  could  get  it. 


70  MR.   HAYDEN'S   TESTIMONY. 

Mr.  Jones  said  what  the  next  claim  the  state  would  make  the 
Lord  only  knew.  Many  untenable  positions  had  been  taken  and 
dropped  by  the  state.  How  was  Mr.  Hayden  to  tell  it  ?  Was  he  to 
stand  on  the  steps  of  the  probate  office  and  proclaim  it  ?  That  was- 
the  only  way  he  could  make  it  public  until  he  had  an  opportunity  in 
court,  and  then  he  opened  his  mouth.  If  he  desired  to  keep  it  a 
secret  until  forced  to  disclose  it,  why  then  did  he  tell  it  before  the 
word  arsenic  had  been  mentioned  ?  Friends  ?  Are  they  not  within 
the  reach  of  a  subpoena  ?  Now,  we  propose  to  show  that  on  Thurs- 
day he  told  his  wife  of  it,  that  at  South  Madison  he  told  of  it — 
before  arsenic  entered  into  this  case  at  all. 

Mr.  Waller — Mr.  Jones,  do  you  propose  to  put  the  stewards  on 
the  stand  ? 

Mr.  Jones  (decidedly) — I  don't  propose  to  tell  you,  but  I  do  say 
that  when  I  put  in  evidence  I  don't  intend  to  back  out  of  it^ 
(Laughter.) 

The  court  admitted  the  question. 

Witness  resumed — I  told  them  (the  stewards)  of  the  circum- 
stances of  my  arrest  in  the  ante-room,  and  of  my  movements  since 
I  had  left  Madison  Monday  noon  ;  told  them  that  I  went  to- 
Middletown  Tuesday  morning,  what  I  purchased  there,  and  what 
purchases  I  made  at  Madison. 

Mr.  Jones — State  whether  you  heard  of  "quick  medicine"  being, 
purchased  ? 

Witness — I  had.  It  was  on  Friday  I  was  arrested  at  5  o'clock.. 
I  was  washing  myself  and  wiping  my  face  when  the  sheriff  came  in. 
Yes  ;  the  purchase  of  arsenic  was  told  at  the  house  of  William 
Minor,  one  of  my  stewards,  at  the  dinner  table.  Mr.  Minor,  his- 
wife,  the  boy,  my  wife,  and,  I  think,  another  lady,  were  at  the  table, 
and  myself.  This  was  Monday,  September  9.  In  the  evening  I 
spoke  of  it  in  the  presence  of  Mr.  and  Mrs.  Minor  and  daughter,, 
my  wife,  and  Mrs.  Talcott  Davis.  I  think  it  was  in  the  parlor  at; 
Mr.  Minor's.  I  don't  recall  it  this  moment  that  I  spoke  of  it  to  any 
others.  Yes  ;  I  met  Duell  Stevens  on  Wednesday,  whom  I  met 
while  in  Middletown.  I  think  he  was  going  to  Northford,  and  was- 
changing  his  horse  for  the  object.  I  have  an  indistinct  recollection 
of  asking  him  where  he  was  going.  He  said  he  was  going  to  notify 
some  friends  of  the  Stannard  family  of  the  death  of  Mary 
Stannard. 


MR.   IIAYDEN'S   TESTIMONY.  73 

Mr.  Jones — Mr.  Hayden,  when  did  you  know  that  anybody  sus- 
pected you  ? 

Witness — Wednesday  afternoon.  Upon  leaving  the  jury  room  I 
returned  home,  and  found  that  Mrs.  Davis  had  consented  to  stay 
with  my  wife  until  next  day.  I  then  went  to  the  Stannard  house. 
I  was  on  the  road  in  front  of  the  Stannard  house,  and  a  gentleman 
from  Middlefield,  Valentine  Miller,  drove  up  and  spoke  to  me.  He 
was  an  acquaintance.  1  had  known  him — oh,  for  four  or  five  years. 
Had  not  known  his  name  but  two.  He  informed  me  that  Dr. 
Matthewson  had  reported  through  Durham  and  Middlefield  that 
Mary  Stannard,  who  was  at  work  for  Hayden,  had  been  found  with 
her  throat  cut  in  a  lot  opposite  Hayden's  house  ;  that  she  was  in  the 
family  way  ;  that  Hayden  had  got  himself  into  a  scrape  and  couldn't 
preach  any  more  for  years.  That  was  the  substance  of  what  he  told 
me.  I  was  informed  later  in  the  day  by  Talcott  Davis —  [Objected 
to.     Mr.  Jones  argued.] 

Witness — Mr.  Davis  told  me  that  Susan  Hawley — 

Mr.  Waller — I  object. 

Mr.  Jones — Well,  Mr.  Hayden,  state  if  informed  by  Talcott 
Davis  that  it  was  said  you  had  purchased  "  quick  medicine  ?  " 

Witness — I  was. 

Mr.  Jones — And  where?     A. — At  Middletown. 

Mr.  Jones — Were  you  informed  what  Susan  Hawley  had  testified 
to- by  Mr.  Davis  ?     A. — I  was. 

Mr.  Jones — Were  you  informed  when  you  would  be  arrested  ? 

Witness — No,  sir  ;  I  can't  say  that  I  was,  but  that  it  was  an 
impression  that  I  would  be  arrested  next  day.  Don't  think  General 
Wilcox  (the  Middletown  ex-chief  of  police)  told  me  anything  of  the 
kind.  Talcott  Davis  talked  with  me  on  .this  matter  just  before 
night. 

Mr.  Jones — Do  you  know  a  man  named  Richard  Eldridge  ? 

Witness — Yes,  sir. 

Mr.  Jones — Did  he  see  you  about  it  ?     A. — Yes,  sir. 

Mr.  Jones — When  was  that  ? 

Witness — That  was  Wednesday  afternoon. 

[The  court  took  a  recess.  The  prisoner  returned  to  a  seat  by 
his  wife,  and  Judge  Wilcox,  of  Madison,  who  acquitted  Mr.  Hayden 
at  the  first  hearing,  engaged  Mr.  Hayden  in  an  animated  conversa- 
tion.     Mr.   Hayden  joined  in  with  spirit.     Mr.   Hayden,  father  of 


74  MR.   HAYDEN'S   TESTIMONY. 

the  accused,  also  the  mother,  sat  near.  Both  are  frequently 
remarked  as  a  nice,  elegant-looking  elderly  couple,  and  they  seem  to 
have  the  sympathy  of  all  who  see  them.  Various  other  gentlemen, 
apparently  of  some  prominence  and  influence,  came  up  and  shook 
the  prisoner  very  warmly  and  cordially  by  the  hand,  and  engaged 
him  in  conversation,  the  prisoner  standing  up  and  talking  with  them 
in  a  lively  way,  and  as  if  much  pleased  to  see  them.] 

Mr.  Jones  asked  Mr.  Hayden  when  he  first  informed  his  wife 
that  he  was  suspected  ? 

Witness — Thursday  morning.  I  knew  it  the  evening  before, 
but  put  it  off  so  that  she  could  have  a  good  night's  rest.  I  told  her 
in  the  middle  of  the  afternoon.     It  was  up-stairs. 

Mr.  Jones — Mr.  Hayden  (impressively),  what  was  the  effect  upon 
your  wife  ? 

Mr.  Waller — What  is  the  object  of  that  ? 

Mr.  Jones  (gravely  and  solemnly) — Simply  to  show  that  it  is  a 
wonder  that  this  poor  woman  remembered  anything  of  that  day's 
events,  such  was  her  condition. 

The  Court — W^ell,  make  the  inquiry. 

Witness,  in  a  low  voice — She  broke  completely  down.  When  I 
had  broken  the  news  to  her  she  seemed  broken.  She  was  not  able 
to  stand  up.  She  was  extremely  nervous.  She  was  not  able  to  sit 
up  at  all  that  day.  I  told  her  what  Mr.  Miller  had  told 
me,  what  Mr.  Davis  had  told  me  about  the  ''  quick  medicine."  ■  I 
sat  down  and  told  her  of  my  trip  to  Middletown,  and  all  that 
occurred.  I  was  arrested  on  Friday  morning  and  taken  to 
South  Madison.  I  next  saw  my  wife  Sunday  night.  The  matter 
was  talked  over  then. 

Mr.  Jones  (impressively) — Mr.  Hayden  !  You  have  said  you 
were  never  criminally  intimate  with  Mary  Stannard.  I  desire  to  ask 
you,  were  you  ever  much  in  her  company  ? 

Witness — I  was  not. 

Mr.  Jones — Will  you  tell  us  about  it  ? 

Witness — She  came  first  in  1877  to  take  care  of  the  children 
while  my  wife  was  teaching  school,  and  she  helped  about  the  house, 
returning  after  school  to  her  home.  I  was  Avorking  on  •  the  farm. 
She  came  in  the  latter  part  of  April.  Yes  ;  Mary  was  there  while  I 
was  away,  and  was  at  her  home  while  I  was  at  home. 

Mr.  Jones  (impressivelyj — Mr.  Hayden,  has  there  ever  been  any 


MR.  HAYDEN'S   TESTIMONY.  75 


kind  of    intimacy    between    you   and    Mary    Stannard    beside    that 
proper  to  exist  between  employer  and  employed  ? 

Witness — There  has  not. 

Mr.  Jones — Have  you  ever  been  walking  with  that  girl  on  any 
occasion  in  any  lot  or  field  ?     A. — I  never  was. 

Mr.  Hayden  gave  the  three  occasions  when  he  took  Mary 
Stannard  riding,  as  his  wife  had  said  ;  once  to  get  cherries  at 
Davis's,  the  family  being  along  ;  again  taking  her  home  when  her 
face  was  poisoned,  and  by  his  wife's  wish  ;  and  again  and  lastly  to 
Middletown  by  his  wife's  wish,  so  that  Mary  could  make  some  little 
purchases  at  the  stores  there,  as  had  been  promised  her  by  Mrs. 
Hayden.  On  the  trip  to  Middletown  I  hitched  my  horse  at  a  point 
opposite  Mr.  Tyler's  drug  store.  I  don't  think  we  were  in  Middle- 
town  over  an  hour.  Went  into  no  house  or  building  of  any  kind 
with  her.  She  would  occasionally  bring  her  purchases  and  lay  them 
in  the  wagon.  She  finally  said  she  wished  to  buy  some  cups  and 
saucers  for  Susan,  and  she  said  she  knew  of  a  store,  and  she  walked 
to  it  and  I  drove  up.  I  stopped  at  the  store  and  waited  for  her, 
and  she  bought  what  she  wanted.  On  the  way  that  day  I  stopped 
at  Burton's  about  the  tools.  On  the  way  saw  Luzerne  Stevens  and 
his  wife. 

Mr.  Jones — With  the  exception  of  those  three  times,  was  she 
ever  in  your  carriage  ? 

■     Witness  (with  some  emphasis) — Not  to  my  knowledge.     Certainly 
never  with  me. 

Mr.  Jones — Have  you  ever  met  her  in  your  cow  pasture  ? 

Witness  described  location  of  lot,  and  said  in  answer  to  a 
question  of  Mr.  Jones,  if  he  had  ever  seen  Mary  at  the  pasture  lot 
or  by  the  spring,  that  he  never  had,  emphasizing  never  somewhat. 

Mr.  Jones,  now  showing  the  knife,  asked  if  witness  had  ever 
met  with  a  mishap  in  using  it  in  carpentering  ? 

Witness — I  did.  The  small  blade  was  the  sharpest.  I  always 
intended  to  have  a  keen  edge  on  the  little  blade  so  as  to  make  a 
distinct  mark  in  drawing  it  across  a  board  when  using  a  try-square. 
I  cut  myself  with  it  while  at  work  on  a  well-curb  in  the  barn  a  week 
before  the  child  was  born.  The  rafters  bothered  me.  I  wanted  to 
put  a  pole  in  the  center.  I  Avhirled  the  pole  around,  and  it  shut 
down  on  the  blade,  and  shut  it  up  and  caught  my  finger,  cutting  it. 
The  scar  can  be  seen  now.     It  is  the  scar  I  showed  to  the  jury  the 


76  MR.   HAYDEN'S    TESTIMONY. 

other  day.  Yes  ;  it  was  cut  very  deeply.  It  was,  I  should  judge, 
from  five-eighths  to  three-quarters  of  an  inch  long.  Yes  ;  my  boy 
carried  the  knife.  He  has  had  it  very  often.  I  let  him  have  it,  as  I 
would  rather  any  one  would  cut  themselves  with  a  sharp  knife  than 
a  dull  one.  It  does  not  tear  the  flesh  so  much.  The  boy  had  cut 
his  finger  with  it. 

Mr.  Jones — Mr.  Hayden,  did  you  have  any  money  with  you  when 
you  went  to  Middletown  with  Mary  ? 

Witness — I  did  ;  three  cents.      [Laughter.] 

Mr.  Jones — Not  any  more  ? 

Witness  (with  some  emphasis  and  a  laugh) — That  was  every  cent 
I  had.  Yes  ;  I  could  have  borrowed  some  from  my  church  people. 
The  society  then  owed  me  fifty  dollars. 

Mr.  Jones — Mr.  Hayden,  at  the  time  of  your  arrest  do  you 
remember  what  there  was  in  your  barn  ? 

Witness — I  do.  There  was  my  horse,  buggy,  cow,  twelve 
bunches  of  shingles.  The  shingles  lay  just  east  of  the  post  where 
I  hitched  my  horse.  I  had  also  a  pile  of  matched  boards,  which 
were  piled  up  east  and  west.  In  the  northeast  corner  of  the  barn 
were  si.x  or  eight  chestnut  planks.  I  had  two  harnesses  and  pieces 
of  harness,  a  bundle  of  shavings,  an  old  lounge,  an  old  running  gear 
of  a  wagon  and  an  old  clothes-horse.  These  were  on  the  barn  floor. 
In  the  south  part  of  the  barn  were  two  kinds  of  hay.  On  top  of 
the  hay  were  my  hay  rigging  and  two  or  three  boards.  On  the 
scaffolding  in  the  north  part  were  a  corn  sheller,  two  small  grind- 
stones, two  scythe  snaths,  two  rakes  and  two  pitchforks.  One  of 
the  pitchforks  was  a  short  mow-fork,  and  the  other  was  a  long  fork. 
I  had  a  three-tined  fork,  but  that  was  at  Stannard's.  On  the  girths 
were  a  curry  comb  and  brush,  three  or  four  bottles,  one  being  a 
quart  bottle  containing  horse  liniment.  This  girth  was  about  six 
feet  from  the  floor.  There  were  also  wooden  boxes  that  had 
formerly  contained  bolts.  There  were  strips  of  iron  ;  an  old  cross- 
cut saw  on  the  east  stringer.  There  were  a  large  number  of  traps 
of  one  kind  or  another. 

Mr.  Jones — What  was  the  width  of  your  barn  floor,  Mr.  Hayden  ? 

Witness — It  was  ten  feet,  I  think.  I  have  always  called  the 
barn  i8  by  36,  but  its  exact  measurement  was  1734^  by  35 /'2. 

Mr.  Jones — Was  there  anything  in  that  barn  that  would  reach 
from  the  scaffolding  across  to  the  mow  ? 


MR.   HAYDEN'S    TESTIMONY.  77 

Witness — There  was  not,  and  never  had  been  to  my  knowledge. 

Mr.  Jones — What  was  the  size  of  the  shed  adjoining  the  barn? 

Witness — It  was  just  large  enough  to  run  under  my  farm  wagon 
and  business  wagon.     I  always  kept  my  top  buggy  on  the  barn  floor. 

Mr.  Jones — Mr.  Hayden,  where  had  you  been  two  weeks  prior  to 
this  homicide  ? 

Witness — I  made  preparations  to  go  to  Martha's  Vineyard  on 
the  17th  of  August.  This  was  on  Saturday.  I  preached  in 
Madison  on  Sunday,  and  on  the  following  Monday  went  to  the 
Vineyard  and  remained  one  week.  I  returned  a  week  earlier  than  I 
expected  to,  on  account  of  the  illness  of  my  wife. 

Mr.  Jones  inquired  of  witness  if  he  thought  of  anything  further 
than  was  mentioned  that  he  desired  to  say. 

Witness  said  there  was  nothing  except  a  few  words  in  explana- 
tion of  the  arrangement  he  made  about  purchasing  the  Hayden 
place,  so  called.  He  then  explained  briefly  about  the  arrangement 
with  Mr.  Scranton,  the  owner. 

Mr.  Jones — You  may  take  the  witness,  gentlemen. 


MR.   HAYDEN'S    STORY   CONTINUED. 


His  Cross-cxavii nation  hv  tJic    State. 


The  cross-examination  was  conducted  by  Mr.  Waller  for  the 
State. 

Mr.  Waller — I  understand  you,  Mr.  Hayden,  to  deny  all  the 
allegations  made  against  you  in  regard  to  your  intimacy  with  Mary 
Stannard  ? 

Witness — I  do  so,  most  emphatically. 

Mr.  Waller — You  have  stated  that  you  said  at  the  Stannard 
house,  on  your  return,  on  the  3d  of  September,  that  you  had  been 
to  Middletown,  did  you  not  ? 

Witness — I  think  I  did. 

Mr.  Waller — You  did  not  tell  it  in  a  secret,  confidential  manner  ? 

Witness — No,  sir. 

Mr.  Waller — It  is  not  strange  that  Susan  Hawley  said  she  heard 
you  say  it,  is  it  ? 

Witness — She  could  have  heard  it  had  she  been  out  of  doors, 
but  she  was  not.  Only  Mary  and  Benjamin  Stevens  were  out  of 
doors  Avhen  I  rode  up. 

Mr.  Waller — Now  give  me  your  profound  attention.  I  desire  to 
read  you  a  series  of  questions  and  your  answers  as  you  gave  them 
in  the  hearing  at  Madison.  Did  you  say  in  your  evidence  at 
Madison  that  you  did  not  remember  of  saying  that  when  you  got  to 
Stannard's  you  did  not  recollect  of  saying  Avhere  you  had  been  ? 

Witness — I  don't  remember  this  question  or  answer. 

Mr.  Waller — Did  you  not  say  that  you  did  not  say  anything 
about  being  to  Durham,  or  what  you  had  got  ? 

Witness — I  don't  remember  this  question. 


MR.  HAYDEN'S   TESTIMONY.  79 

Mr,  Waller — Did  you  swear  at  Madison  that  you  did  not  tell 
anybody  that  you  had  been  to  Durham  or  Middletown  ? 

Witness — I  don't  remember  that  the  question  was  put  to  me  in 
that  way. 

Mr.  Watrous  asked  the  privilege  of  addressing  the  court.  He 
said  he  desired  to  inquire  if  this  line  of  examination  was  correct 
and  legitimate.  Is  it  right  to  ask  this  witness  if  this  or  that 
question  was  asked  him  at  Madison  ?  How  can  it  be  expected  that 
he  can  remember  a  long  series  of  questions  read  to  him  from  a 
paper.  I  have  heard  this  style  of  questioning  rebuked  by  the  court, 
and  I  think  it  should  be  done  in  this  case. 

Mr.  Waller  said  he  had  asked  such  questions  as  he  was  advised 
were  asked  at  that  hearing,  and  had  given  the  answers  as  he  was 
advised  they  were  given  at  that  trial  at  Madison.  Now,  if  the 
witness  told  the  people  at  the  Stannard  house  that  he  had  been  to 
Middletown,  then  it  weaves  together  the  story  told  by  Susan 
Hawley  of  Mary  Stannard  and  the  "  quick  "  medicine. 

Mr.  Watrous  replied  briefly.  He  said  he  bid  the  attorneys  God 
speed  in  their  declaration  that  they  had  "  got  a  clew  to  the  unsolving 
of  the  Susan  Hawley  riddle."  He  thought,  however,  that  it  was 
unfair  to  make  such  flings  at  his  client. 

The  judges  consulted  briefly.  Judge  Park  said  they  did  not 
understand  that  the  counsel  claimed  to  use  the  exact  phraseology 
that  was  used  on  the  former  trial.  They  thought  it  was  proper  to 
inquire  what  the  witness  testified  to  on  the  former  trial. 

Mr.  Waller — Did  you  not  state  at  Madison  that  you  did  not 
have  any  conversation  with  Mary  Stannard  about  your  going  to 
Middletown  ? 

Witness — I  don't  recollect  what  I  said  at  that  time. 

Mr.  Waller — Where  did  you  see  Mary  Stannard  on  that  morning? 

Witness — I  saw  Mary  and  Benjamin  Stevens  leaning  on  the  fence. 

Mr.  Waller — Did  you  talk  with  Mary  Stannard,  except  to  say 
good  morning?     A. — I  did  not. 

Mr.  Waller — Was  she  in  a  position  so  that  you  could  have 
talked  with  her  privately  if  you  had  desired  ? 

Witness — No,  sir  ;  I  think  not. 

Mr.  Waller — Do  you  think  she  was  in  a  position  so  you  could 
have  given  her  a  sign  to  go  to  the  spring  ? 

Witness — I  think  not. 


8o  MR.   HAYDEN'S   TESTIMONY. 


Mr.  Waller — Could  she,  while  leaving  the  house  to  go  to  the 
spring,  have  given  you  any  sign  without  it  being  noticed  by  those 
present  ?     A. — I  think  not. 

Mr.  Waller — About  how  long  did  you  have  Mary  Stannard  in 
your  eye  before  you  stopped  your  carriage  near  the  spring  ? 

Witness — But  a  moment  or  two. 

Mr.  Waller — How  near  full  of  water  was  the  pail  which  Mary 
brought  from  the  spring  ? 

Witness — I  should  think  it  was  nearly  even  full. 

Mr.  Waller — How  much  would  the  pail  hold  ? 

Witness — I  should  think  ten  or  twelve  quarts. 

Mr.  Waller — Would  it  have  been  any  trouble  for  Mary  to  have 
passed  you  the  pail,  while  you  were  sitting  in  the  carriage  ? 

Witness — I  think  it  would,  from  my  position  in  the  buggy. 

Mr.  W^aller  here  produced  a  tin  pail  (holding  about  eight  quarts), 
and  asked  if  the  pail  that  Mary  had  was  any  larger  than  that. 

Witness — I  should  think  it  was. 

Mr.  Waller — Was  not  that  the  identical  pail  ? 

Witness — I  cannot  tell,  Mr.  Waller.  My  impression  is  that  it 
was  a  larger  pail  than  that. 

Mr.  Waller — Do  you  think  it  would  have  been  difficult  for  her  to 
have  handed  you  this  pail  if  it  had  been  full  of  water  ? 

Witness — I  think  it  would,  under  the  circumstances. 

Mr.  Waller — How  long  were  you  out  of  that  carriage  ? 

Witness — It  might  have  been  a  minute  ;  perhaps  not  half  a 
minute. 

Mr.  Waller — When  you  were  out  of  the  carriage  would  you  have 
had  time  to  say  this  :  "  I  have  been  to  Middletown,  have  got  quick 
medicine,  meet  me  at  the  Big  Rock  at  3  o'clock  "? 

Mr.  Jones  objected  to  this  question.  He  said  it  was  evident  that 
the  state  desired  to  convey  to  the  minds  of  the  jury  that  this  was 
just  the  question  asked  by  the  witness. 

Mr.  Waller  said  the  object  was  to  find  out  how  long  the  witness 
was  there.     The  court  ruled  out  the  question. 

Mr.  Waller — How  long  were  you,  in  minutes,  out  of  that 
carriage  ? 

Witness — I  don't  think  exceeding  one  minute. 

Mr.  Waller — How  near  were  you  to  the  carriage  when  you 
jumped  out  ? 


MARY    E.    STANNARD. 
[From  a  photograph  taken  shortly  before  her  death. 


MR.  HAYDEN'S   TESTIMONY.  8^ 


Witness — I  was  close  by  the  wheel.  Mary  stood  within  a  foot 
of  me. 

Mr.  Waller — Did  Mary  go  towards  home  after  giving  you  the 
water  ? 

Witness — I  don't  know.  I  said  thank  you,  and  jumped  into  my 
carriage  and  drove  home. 

Mr.  Waller — You  say  you  did  not  know  when  you  met  Mary 
where  the  "  Big  Rock  "  was  ? 

Witness — I  did  not.  I  had  never  heard  of  "Big  Rock,"  "Fox 
Ledge,"  or  "  Whippoorwill  Rock,"  at  that  time. 

Mr.  Waller — Is  not  this  "Big  Rock"  as  famous  in  Rockland  as 
is  East  Rock  in  New  Haven  ?     A. — It  may  be  now.     (Laughter.) 

Mr.  Waller — Did  you  have  any  reason  to  know  on  this  day  that 
Mary  knew  where  this  "Big  Rock  "  was?     A. — No,  sir 

Mr.  Waller — Do  you  know  of  anybody  in  Rockland  that  had 
any  arsenic  in  their  house  on  the  3d  of  September  but  yourself? 

Witness — I  do  not. 

Mr.  Waller — When  was  the  last  conversation  you  had  with  your 
wife  about  poison  for  rats  before  the  3d  of  September  ? 

Witness — I  should  say  it  was  in  the  last  week  in  August. 

Mr.  Waller — You  had  been  talking  about  poisoning  the  rats  with 
"  ratsbane  "  seven  or  eight  rnonths  before  this,  had  you  ? 

Witness — Yes,  sir. 

Mr.  Waller — When  was  it  that  you  talked  with  your  church 
stewards  about  poison  for  killing  rats  ? 

Witness — I  think  it  was  on  August  i 

Mr.  Waller — Had  you  gone  into  Mr.  Meigs's  store  at  South 
Madison  between  the  nth  of  August  and  the  3d  of  September,  and 
purchased  arsenic,  don't  you  think  he  would  have  known  you  ? 

Witness — Yes,  sir. 

Mr.  Waller — Did  you  not  know  that  Mr.  Meigs  kept  an  apothe- 
cary shop  ?     A. — I  did  not. 

Mr.  Waller — Did  you  ever  inquire  of  Mr.  Meigs  for  arsenic  or 
Paris  green  ?     A. — No,  sir. 

Mr.  Waller — Did  you  expect  to  put  the  arsenic  in  the  cellar  to 
kill  the  rats  at  night,  and  then  take  it  away  in  the  morning,  or  what 
there  was  left  ?     A. — No,  sir. 

Mr.  Waller — Did  you  expect  to  use  the  arsenic  without  letting 
your  wife  know  it  until  afterward  ? 


84  MR    HAYDEN'S   TESTIMONY. 

Witness — I  did  not  intend  that  she  should  know  it  until  the  rats 
were  dead. 

Mr.  Waller — What  time  in  the  day  on  September  3  did  you  make 
up  your  mind  to  buy  arsenic  ? 

Witness — I  don't  think  I  decided  to  buy  it  on  that  day  until  I 
reached  Durham. 

Mr.  Waller — Did  you,  on  the  night  before  going,  contemplate 
going  to  Middletown  ? 

Witness — I  did  not ;   I  only  thought  of  going  to  Durham. 

Mr.  Waller — Did  you  stop  at  Durham  going  out  ? 

Witness — No,  sir. 

Mr.  Waller — Did  you  know  whether  arsenic  was  kept  in 
Durham  ? 

Witness — I  did  not,  as  I  had  never  inquired. 

Mr,  Waller — Did  you  have  any  motive  in  going  to  Middletown 
except  to  get  your  tools  ? 

Witness — That  was  the  principal  object. 

[A  recess  was  ordered  at  this  point.  After  recess,  which  con- 
tinued nearly  an  hour,  the  cross-examination  of  Mr.  Hayden  was 
continued.] 

Mr.  Waller — I  will  ask  you,  sir,  in  going  to  Durham,  which  road. 
did  you  take  ? 

Witness — I  took  the  right-hand  road. 

Mr.  Waller — When  were  you  spoken  to  about  fullers'  earth  ? 

Witness — On  that  morning  my  wife  spoke  to  me  about  it.  She 
may  have  spoken  about  it  before. 

Mr.  Waller — Where  did  you  get  fullers'  earth  before  the  3d  of 
September? 

Witness — It  may  have  been  three  months  before.  I  then  got  it 
at  Tyler's  in  Middletown. 

Mr.  Waller — How  many  times  during  the  year,  between  Septem- 
ber, 1877,  and  September,  1878,  had  you  purchased  fullers'  earth  ? 

Witness — I  cannot  tell  positively. 

Mr.  Waller — Had  you  purchased  fullers'  earth  at  Durham  ? 

Witness — I  had  not.     I  was  not  aware  that  I  could  get  it. 

Mr.  Waller — When  your  wife  spoke  to  you  about  getting  fullers' 
earth,  why  did  you  not  tell  her  that  you  did  not  know  as  you  should 
go  where  you  could  get  it. 

Witness — I  don't  know  why  I  did  not. 


MR.  HAYDEN'S   TESTIMONY.  85 

Mr.  Waller — You  don't  know  that  fuUer's-earth  was  used  at 
Durham.  Don't  you  know,  as  a  minister  who  was  around  among 
the  families  of  his  parish,  that  fullers'  earth  was  generally  used  on 
babies  ? 

Witness — I  was  not  in  the  habit  of  examining  the  babies  to  see 
whether  the  powder  was  used  or  not.     (Laughter.) 

Mr.  Waller — Did  you  not  suppose  that  the  tools  you  were  in 
search  of  at  Mr.  Burton's  in  Middletown  were  at  the  Industrial 
School  ? 

Witness — I  may  have  thought  so.  Mrs.  Burton  told  me  in 
August  that  the  tools  were  at  the  school. 

Mr.  Waller — What  time  did  you  get  to  Burton's  on  the  3d  of 
September  ?     A. — I  think  about  8  o'clock. 

Mr.  Waller — How  long  were  you  living  in  Middletown  ? 

Witness — I  was  there  from  September,  1873,  to  April,  1875. 

Mr.  Waller — Could  you  see  the  Industrial  School  or  any  portion 
of  it  from  the  college  grounds  ? 

Witness — I  don't  know,  but  I  think  not. 

Mr.  Waller — How  far  would  you  have  to  go  from  the  house 
where  you  lived  in  Middletown  so  that  you  could  see  the  Industrial 
School  buildings  ? 

Witness — Perhaps  thirty  rods. 

Mr.  Waller — Did  you  not  drive  right  by  the  Industrial  School 
buildings  ? 

Witness — I  did,  I  think,  about  two  years  before. 

Mr.  Waller — You  were  disappointed  in  not  getting  the  tools  at 
Burton's,  were  you  not  ? 

Witness — I  may  say  yes. 

Mr.  Waller — Now%  can  you  tell  us  the  reason  you  did  not  go  to 
the  Industrial  School  for  those  tools  ? 

Witness — One  reason  was  that  an  agreement  was  made  that  the 
tools  should  be  left  at  Burton's  house,  and  another  reason  was  that  I 
did  not  know  exactly  where  the  Industrial  School  was. 

Mr.  Waller — Could  you  not  have  asked  Mrs.  Burton  where  the 
Industrial  School  was  ? 

Witness— I  suppose  I  could,  but  I  did  not  think  it  necessary. 

Mr.  Waller — Now,  if  you  had  got  those  tools  that  day,  and  had 
taken  them  home,  your  wife  would  have  known  that  you  had  been 
to  Middletown,  would  she  not  ? 


86  MR.  HAYDEN'S   TESTIMONY. 

Witness — Undoubtedly  she  would. 

Mr.  Waller — Now,  if  it  had  not  been  for  the  feed  for  the  horse^ 
you  probably  would  not  have  gone  to  Middletown  on  that  day, 
would  you?     A. — Probably  not. 

Mr.  Waller — Why  did  you  not  get  your  feed  at  South  Madison 
on  Monday,  instead  of  going  to  Durham  ? 

Witness — One  reason  was  that  I  had  no  store  account  at 
Madison,  and  another  that  I  had  to  pay  more. 

Mr.  Waller — Did  you  not  testify  at  Madison  that  .your  reason 
was  that  you  could  not  get  credit  ? 

Witness — I  don't  think  I  did. 

Mr.  Waller — Were  you  aware  that  you  could  not  get  trusted  at 
South  Madison  ? 

Witness — The  reason  I  thought  I  could  not  was  because  there 
had  been  trouble  with  Mr.  Hull,  the  storekeeper,  and  a  previous 
minister,  about  pay,  and  Mr.  Hull  and  his  father,  the  sheriff,  had 
said  that  there  would  be  no  more  trusting  Methodist  ministers. 
(Laughter.) 

Mr.  Waller — Did  you  not  return  a  bag  to  Mr.  Hull's  store  in 
which  there  had  been  feed  that  you  had  purchased  ? 

Witness — I  did.  I  bought  the  feed  when  I  was  teaching  at 
Madison,  and  paid  cash  for  it, 

Mr.  Waller — How  long  had  you  been  a  customer  of  David 
Tyler  of  Middletown?     A. — Since  1873. 

Mr.  Waller — How  many  purchases  did  you  make  at  Mr.  David 
Tyler's  during  any  one  year  ? 

Witness — I  cannot  say.  I  used  to  purchase  my  tobacco  there 
and  other  articles. 

Mr.  Waller — When  you  went  into  the  store  on  that  day  (Septem- 
ber 3)  do  you  think  that  David  Tyler  knew  your  name  or  your 
occupation  ? 

Witness — I  cannot  tell  certainly. 

Mr.  Waller — At  Middletown  did  you  get  an  ounce  of  arsenic  ? 

Witness — I  did.  It  was  put  up  in  ordinary  white  paper.  I  can- 
not tell  exactly  how  big  the  package  was. 

Mr.  Waller — Will  you  take  a  piece  of  paper  and  fold  it  as  near 
as  you  can  to  the  size  of  the  package  ? 

[Witness  folded  a  piece  of  paper  and  handed  it  to  Mr.  Waller, 
and  said  it  was  as  near  the  size  as  he  could  recollect.] 


MR.  HAYDEN'S   TESTIMONY.  87 


Mr.  Waller — Was  the  arsenic  in  your  pocket  after  you  got  home 
and  when  you  went  into  the  house  ?     A. — No,  sir. 
Mr.  Waller — Where  was  it  ? 

Witness — I  took  it  out  of  my  pocket  and  put  it  under  the  seat  of 
my  carriage  before  going  into  the  house.  After  taking  other  things 
into  the  house,  I  got  the  tin  box  in  the  kitchen  and  put  the  arsenic 
into  it  for  safety.  I  don't  know,  but  I  think  the  wrapper  and 
envelope  and  string  about  the  arsenic  were  thrown  into  the  shavings 
barrel  in  the  barn. 

Mr.  Waller — Did  it  occur  to  you  that  the  children  might  get  the 
paper  and  be  poisoned  by  it  ? 

Witness — I  don't  think  they  could  have  reached  the  paper,  as 
the  barrel  was  nearly  empty. 

Mr.  Waller — Now,  can  you  tell  us  whether  that  paper  and  that 
string  around  that  arsenic  was  ever  seen  by  mortal  man  after  you 
removed  it  ? 

Witness — I  cannot  say  positively. 

Mr.  Waller — Had  you  put  that  arsenic  down  on  a  stringer,  in  the 
paper,  would  it  not  have  been  just  as  safe  as  it  was  in  the  tin  box  ? 

Witness — It  might  have  been,  but  I  was  always  in  the  habit  of 
putting  such  articles  in  boxes  after  purchasing  them.  I  did  intend 
to  use  some  of  the  arsenic,  the  night  after  I  bought  it,  upon  the  rats. 
I  don't  know,  Mr.  Waller,  that  there  was  any  more  special  reason 
why  I  should  use  it  that  night  on  the  rats  than  any  other.  I  had  to 
get  up  on  the  hay  to  put  the  arsenic  on  the  stringer  of  the  barn. 
Climbed  up  to  it  on  my  carriage.  I  put  it  on  the  stringer.  There  was 
hay  on  the  stringer,  but  nothing  else  to  my  knowledge.  The  hay 
concealed  the  box. 

Mr.  Waller — If  you  had  expected  to  use  it  so  soon,  why  put  it 
away  so  carefully,  with  such  precaution  ?  You  deemed  it  necessary, 
did  you  ?     A. — Yes,  sir. 

Mr.  Waller: — Nobody  saw  you  put  it  there  ? 

Witness — I  don't  know,  sir.  I  didn't  see  my  children  around. 
It  was  not  an  extraordinary  occurrence  for  me  to  climb  up  on  the 
carriage  in  the  barn.  The  barn  faces  the  road  thirty-six  feet.  The 
doors  are  ten  feet  wide.  [The  prisoner  answered  without  confusion 
or  discomfiture,  except  manifesting  sometimes  uneasiness,  and 
answered  carefully  and  thoughtfully;  yet  readily.  His  face 
looked  heated  and  much  as  if  his  nervous  system  was  keenly  alive, 


88  MR.   HAYDEN'S   TESTIMONY. 

but  he  bore  the  gaze  of  three  hundred  pairs  of  eyes  as  well  as 
probably  most  men  could  under  the  circumstances.  He  held  his 
right  hand  out  before  him,  the  ends  of  the  fingers  touching  the  rail 
before  him,  and  the  fingers  were  kept  moving.] 

Mr.  Waller — Why  didn't  you  use  the  arsenic  the  next  morning  ? 
Is  there  any  reason  ? 

Witness — I  think  there  is.     I  was  called  away. 

Mr.  Waller — Not  till  after  you  had  done  your  chores  ? 

Witness — No,  sir. 

Mr.  Waller — Is  there  any  reason — special  reason — why  you  did 
not  get  and  use  the  arsenic  that  morning  ? 

Witness — Yes  ;  I  didn't  get  the  time.  I  was  busy.  I  went  also 
after  the  wood. 

Mr.  Waller — Was  there  nothing  the  next  morning  that  led  you  to 
think  that  you  were  suspected  ?     A. — There  was  not. 

Mr.  Waller — It  did  not  enter  into  your  mind  to  tell  anybody 
during  that  day  that  you  had  bought  arsenic  ? 

Witness — Why,  no  ;  it  was  nobody's  business. 

Mr.  Waller — It  didn't  occur  to  you  to  tell  them  at  the  coroner's 
inquest  about  it  ? 

Witness — I  was  not  asked  about  it. 

Mr.  Waller — It  didn't  enter  your  mind  that  you  were  suspected  ? 

Witness — No,  sir  ;  it  didn't  enter  my  mind. 

Mr.  Waller — You  were  up  at  the  body  ?  The  general  opinion 
was  that  it  was  suicide  ?     A. — Yes,  sir. 

Mr.  Waller — You  coincided  with  them  ?     A. — Yes,  sir. 

Mr.  Waller — When  you  suggested  a  coroner,  everybody  then 
thought  it  was  suicide,  did  they  ? 

Witness — I  heard  no  other  opinion  expressed. 

Mr.  Jones — Why  is  that  ?  How  can  he  know  what  everybody 
thought  ? 

Mr.  Waller — Everybody  that  he  heard. 

Mr.  Waller — And  then  about  having  a  doctor.  Was  there  not 
some  reason  you  gave  for  going  home  ? 

Witness — Yes,  sir  ;  my  going  for  a  doctor  would  detain  me  too 
long  from  my  wife. 

Mr.  Waller — And  you  went  home  and  slept  that  night  ? 

Witness — I  did. 

Mr.  Waller. — You  still  did  not  know  you  were  suspected  ? 


MR.   HAYDEX'S   TESTIMONY.  89 


AVitness — I  had  no  reason  to  think  so. 

Mr.  Waller — When  the  juror  asked  you  that  question,  when  you 
last  saw  Mary  and  where  you  had  been  that  afternoon  of  the  homi- 
cide, did  you  not  think  they  were  suspecting  you  ? 

Mr.  Jones — You  assume  some  of  the  questions. 

Mr.  Waller — I  mean  to  mention  those  he  testified  to. 

Mr.  Waller — You  say  Hazlett,  or  the  man  you  called  Hazen,  was 
in  liquor  when  you  met  him  in  the  morning.     Witness — Yes. 

Mr.  Waller — And  have  you  said  all  he  said  ? 

Witness — I  think  I  have. 

Mr.  Waller — Now  I'll  ask  if  there  was  anything  in  the  answers 
of  that  man — what  did  you  ask  him  ? 

Witness — I  asked  if  the  coroner's  jury  had  completed  their  work, 
and  he  said  no,  and  said  where  he  had  been. 

Mr.  Waller — Was  there  anything  like  intoxication  in  his  answers? 

Witness — But  he  showed  by  his  manner,  Mr.  Waller.  No,  sir, 
had  he  said  more,  I  think  I  should  have  remembered  it. 

Mr.  Waller — Now,  sir,  did  you  at  that  time  that  Mrs.  Luzerne 
Stevens  and  the  people  in  that  house  opposite  your  house  testified 
before  the  coroner's  jury  the  time  you  left  the  house  ;  did  you  hear 
them  ? 

Question  repeated  at  request. 

Witness — No,  sir  ;  did  not  know  that  the  neighbors  knew  when 
I  left  the  house.  I  do  swear  that  I  did  not  testify  at  the  coroner's 
jury  that  I  left  the  house  at  1:15  o'clock.  There  was  not  a  note 
taken  of  the  evidence  while  I  was  there.  No,  sir,  I  did  not  tell  them 
that  I  left  at  a  quarter  past  one.  That  would  not  be  the  truth. 
Yes,  sir,  I  told  at  Madison  the  time  I  left  the  house. 

Mr.  Waller — When,  at  Madison,  you  fixed  the  time  in  your  testi- 
mony, did  you  know  that  Luzerne  Stevens  had  sworn  differently  ? 

Witness— I  knew  that  he  had  testified  that  I  left  the  house  at  2 
o'clock. 

Mr.  Waller — Now,  sir,  when  in  Middletown  that  day,  did  you  see 
Dr.  Bailey  ?     A. — I  did.     I  heard  him  testify  at  Madison. 

Mr.  Waller — Did  you  contradict  the  testimony  of  Dr.  Bailey  as  to 
what  was  said  between  you  ?  (Objected  to,  and  answer  given  in 
another  form.) 

Witness — I  did.     I  have  not  notes  of  his  evidence. 

Mr.  Jones  objected.      No  inference  should  be  drawn  against  the 


90  MR.  HAYDEN'S   TESTIMONY. 

defendant  that  he  did  not  arise  in  court — which  he  would  have  no 
right  to  do — and  declare  Dr.  Bailey's  testimony  false. 

Mr.  Waller — My  question  is,  did  you  hear  Dr.  Bailey  testify  at 
Madison  as  to  what  passed  between  you  at  Middletown? 

Mr.  Watrous — Let's  get  that  question  down. 

Mr.  Waller — I  will  waive  it  for  a  moment.  Did  you  meet  Dr. 
Bailey  in  Middletown  ?     A. — I  did. 

Mr.  Waller — Did  you  talk  with  him  at  that  time  about  diseases 
peculiar  to  women  ? 

An  argument  ensued  between  counsel,  Mr.  Watrous  objecting 
that  no  evidence  in  chief  before  the  court  had  been  had  on  this 
point. 

Mr.  Waller  said  he  wished  to  find  if  the  accused  had  talked  with 
the  doctor  in  relation  to  diseases  peculiar  to  women."  Objection 
withdrawn. 

Mr.  Waller — Did  you  converse  with  him  about  diseases  peculiar 
to  women,  or  about  menstruation  during  pregnancy,  or  as  to  the 
condition  of  a  certain  woman  whose  condition  you  had  a  right  to 
know  while  she  was  pregnant  ? 

Witness — Will  you  repeat  your  question,  Mr.  Waller  ? 

Mr.  Waller — Did  you  ask  about  diseases  peculiar  to  women 
during  pregnancy  ? 

Witness — I  think  I  can  say  as  to  that  that  I  did. 

Mr.  Waller — Did  you  inform  the  Doctor  that  your  wife  had  been 
confined  ?     A. — I  did. 

Mr.  Waller — Did  you  hear  Dr.  Bailey's  testimony  at  Madison 
with  reference  to  what  passed  between  you  ? 

Mr.  Jones  told  witness  that  he  needn't  answer. 

Mr.  Waller  said  it  was  to  show  that  witness  heard  the  doctor 
testify  at  Madison  and  did  not  contradict  him.  Now  he  (counsel) 
wished  to  ask  witness  if  he  would  contradict  the  doctor's  statement. 

Mr.  Waller — Was  the  conversation  with  Dr.  Bailey  as  to  the  pos- 
sibility of  menstruation  during  periods  of  pregnancy  ?     A. — It  was. 

Mr.  Waller — Did  you  know  before  you  had  this  conversation 
that  your  wife  was  irregular  in  pregnancy  ? 

Witness — Yes,  sir.  That  was  the  first  child.  My  wife  was 
declared  pregnant  during  menstruation  by  Dr.  Bailey,  who  was 
called  to  decide,  she  having  illness  peculiar  to  women.  The  doctor 
first  asked  me,  not  I  him,  if  she  had  been  troubled  with  this  child  as 


MR.   IIAYDEN'S   TESTIMONY.  91 


when  with  the  other,  born  at  East  Grt'enwich.  I  asked,  "Do  you 
have  many  such  cases  ?  " 

Mr.  AValler — Did  you  ask  him  if  all  women  might  be  pregnant 
and  have  their  discharges  ?     A. — No.  sir. 

Mr.  Waller  now  asked  about  the  wood-lot,  and  said  he  knew 
witness  would  not  use  his  horse  ill,  and  asked  him  about  the  picking 
up  of  wood,  and  if  he  could  not  have  gone  without  getting  wood  that 
day. 

Witness  said  that  Mondays  he  was  tired  from  his  Sundays'  work, 
and  if  chips  were  in  the  house  they  would  answer  for  fire.  I  went 
to  get  the  feed  because  I  wanted  it  for  the  horse.  I  went  for  oats, 
because  I  wanted  the  oats  the  most. 

Mr.  Waller — You  say  you  worked  continuously  at  the  wood  lot 
for  an  hour  and  a  half  ? 

Witness — I  said  I  kept  at  work  all  the  time.  I  do  not  remember 
that  I  sat  down.  No,  sir ;  do  not  know  that  anybody  saw  me  going 
into  the  wood-lot,  or  coming  out  of  it.  I  only  know  that  my  wife 
testified  to  seeing  me  by  the  Burr  barn. 

Mr.  Jones — Nothing  strange  that  he  should  be  seen  in  Rockland. 

Mr.  Waller — Now,  sir,  your  horse,  a  nervous,  restless  kind  of  a 
horse,  was  it,  and  you  were  afraid  of  horse-flies,  and  couldn't  you 
have  tied  him  ? 

Witness — No,  sir;  there  was  but  one  tree  large  enough  to  hitch 
him  to,  and  at  the  foot  of  that  it  was  swampy  and  no  place  to  hitch 
a  horse. 

Mr.  Waller — More  flies  and  cross  ones  in  that  swamp  than 
anywhere  else.''     A. — I  won't  say  that.     (Spectators  laughed.) 

Mr.  Waller — You  say  you  met  Hazen,  or  Hazlett,  on  your  return, 
and  that  various  people  called  him  Hazlett? 

Witness — Yes.  Luzerne  Stevens,  Henry  Stone  and  Wilbur 
Stevens  called  him  by  that  name.  I  cannot  state  the  time  when 
either  of  them  so  called  him. 

Mr  Waller — Did  you  ever  call  him  Hazen  ? 

Witness — I  cannot  say,  but  I  can  say  this — 

Mr.  Waller — Answer  my  question. 

Mr.  Jones  to  witness — You  will  have  a  chance  by  and  by. 

Mr  Waller — Before  you  testified  at  Madison,  had  you  heard  a 
theory  that  a  certain  name  on  a  certain  letter  was  Hazen  ?  (Witness 
asked  for  information.) 


92  MR.   HAYDEN'S    TESTIMONY. 

Mr.  Waller  gave  answer  about  the  letter,  and  the  supposition 
about  the  name  Hazen. 

Mr.  Jones — We  never  claimed  Hazen  ;  it  was  Hazlett. 

Mr.  Waller — Ah !  I'll  recollect  it.  I  thought  they  called  it 
Hazen. 

Witness  said  :  I  never  heard  the  suggestion  at  all  that  the  name 
was  Hazen  or  Hazlett  in  the  letter. 

Mr.  Waller — Did  you  testify  at  Madison  that  Davis  met  you  in 
the  swamp  and  rode  home  with  you  ?  A. — No,  sir,  I  did  not.  (Mr. 
Waller  read  Madison  evidence.) 

Witness — I  don't  recollect  of  so  testifying. 

Mr.  Waller — Now,  when  you  got  home  from  the  wood-lot  it  was 
about  4  ? 

Witness — Yes,  sir  ;  and  then  picked  up  chips,  and  then  changed 
my  clothes. 

Mr.  Waller — Did  your  wife  see  you  when  you  got  back  from  the 
wood-lot  before  you  changed  your  clothes?     A. — She  did. 

Mr.  Waller — Ah !  she  did.  You  told  us  there  was  a  peddler 
down-stairs  while  you  were  changing  your  clothes.  Was  he  there 
while  you  were  changing  your  clothes  ? 

Witness — A  part  of  the  time.  Wife  was  down-stairs  all  the  time 
while  I  was  changing  my  clothes.  I  don't  recollect  about  changing 
my  shoes.  Think  I  took  them  off  before  going  up  stairs.  The  shirt 
I  took  off  was  the  one  I  wore  to  Middletown. 

Mr.  Waller — Were  you  in  a  state  of  perspiration  ? 

Witness — Yes,  I  perspired  pretty  freely.  I  always  perspire  very 
easily. 

[The  Court  took  a  recess.  Mr.  Hayden  resumed  sitting  with  his 
wife,  and  engaged  in  cheerful  conversation  with  her.  Mrs.  Hayden, 
however,  broke  down,  and  cried  with  many  tears,  and  Mr.  Hayden 
seemed  unable  to  comfort  her,  but  was  at  last  successful.  Spectators 
visiting  the  court-room  remarked  that  they  were  agreeably  surprised 
in  the  prisoner,  and  credited  him  with  a  pleasing  voice  and  every 
indication  of  frankness  and  truthfulness.] 

Mr.  Waller — Did  you  tell  us,  sir,  that  you  didn't  know  where 
your  wife  stood  when  you  brought  in  the  oysters  and  the  knife  ? 

Witness — I  said  that  I  could  not  name  it.  I  said  I  handed  the 
knife  to  wife.  I  do  not  know  where  she  stood  then,  except  that 
it  was  in  the  kitchen.     I  did  say  how  I  held  it. 


MR.  HAYDEN'S   TESTIMONY.  93 

Mr.  Waller — Will  you  be  good  enough  to  show  how  you  held 
that  knife  ? 

Witness — I  will,  sir ;  if  you  will  be  good  enough  to  get  me  the 
knife.  (Sheriff  brought  the  knife,  and  witness  took  the  pail  and 
showed  how.) 

Mr.  Waller — What  fixes  it  so  distinctly  how  you  held  that  knife  ? 

Witness — My  hands  were  slimy  with  the  oysters . 

Mr.  Waller — Slimy?  A. — Yes,  sir  ;  they  were  slimy.  I  do  not 
recollect  where  she  stood.  I  gave  it  to  her.  [Mr.  Waller  read  from 
stenographic  notes  of  first  trial,  in  which  it  was  said  that  he,  witness, 
did  not  remember  exactly  what  he  did  with  it  ;  whether  he  put  it  on 
the  table,  shelf,  or  handed  it  to  his  wife.] 

Mr.  Waller — Is  there  a  good  reason  why  you  should  recollect  it 
now  when  you  couldn't  then  ? 

Witness — Yes.  sir  ;  I  have  a  very  good  reason. 

Mr.  Waller — Well,  keep  it  to  yourself  now. 

Mr.  Waller — Do  you  know  of  any  other  family  that  has  a  jack- 
knife  to  peel  pears  with  ?     A. — I  don't  know. 

Mr.  Waller — Was  there  any  reason  that  you  know  of  that  the 
common  case-knife  would  not  do  as  well  to  peel  those  pears  with  ? 

Witness — I  did  not  peel  the  pears.  A  case-knife  is  extremely 
unhandy  to  handle  in  peeling  the  pears.  [Shown  one  of  the  family 
case-knives.] 

Mr.  Waller — Were  the  case-knives  in  as  good  condition  for  peel- 
ing pears  as  this  one?     A. — I  can't  say. 

Mr  Waller — Did  anybody  hear  you  except  your  wife  when  she 
asked  you  to  leave  it  home  to  peel  pears  with  ? 

Witness — No  one  but  the  children.  That  knife  I  bought  of  the 
postmaster  at  South  Madison. 

Mr  Waller— W^iat  did  you  pay  for  it?  A.— The  price  was 
seventy-five  cents,     I  got  it  for  sixty.     (Spectators  laughed.) 

Mr.  Waller. — Was  there  reason  for  the  discount  ? 

Witness — He  gave  it  to  me  cheaper  because  I  was  a  minister. 

Mr.  Waller — Now,  sir,  did  anybody  else  in  Rockland  see 
you  using  that  knife  ? 

Witness — I  can't  say.  So  far  as  I  know,  all  the  inhabitants  of 
Rockland  may  have  seen  me  using  it. 

Mr.  Waller — Now,  sir,  if  that  knife  had  been  found  near  the 
body  you  would  have  known  it,  of  course.     A.— I  think  I  should. 


94  MR.   HAYDEN'S   TESTIMONY. 

Mr.  Waller — Do  you  think  the  man  who  sold  you  the  knife 
would  remember  it  ? 

Witness — I  can't  say.  Don't  think  he  would.  I  don't  know  his 
habit  of  memory. 

Mr.  Waller — Was  there  no  knife  there  at  the  body  ? 

Witness — We  saw  none. 

Mr.  Waller — Now,  sir,  the  knife  has  been  used  for  a  variety  of 
purposes — killing  chickens,  cutting  beef,  etc.  Do  you  ever  know  of 
its  being  used  in  connection  with  a  dog?     A. — I  do  not. 

Mr.  Waller — So  that  if  dog's  blood  got  on  it,  you  have  no  knowl- 
edge of  it  ?     A. — No,  sir. 

Mr.  Waller — In  the  presence  of  Mrs.  Talcott  Davis,  her  daughter 
and  your  wife,  you  asked  for  your  knife,  and  were  not  able  to 
answer  what  you  wanted  it  for  ? 

Witness — I  was  not  asked  such  a  question,  Mr.  Waller. 

Mr.  Waller — Now  where  was  that  knife  found  Wednesday  noon  ? 

Witness — It  was  on  the  shelf  over  the  wood-box.  It  was  one  of 
the  proper  places,  yes,  sir ;  to  look  for  it.  Did  not  know  then  when 
it  was  piit  there.  I  think  I  wanted  it  that  noon  to  clean  my  finger- 
nails with,  but  I  don't  recollect  it  exactly.  I  was  dressing  to  go  up 
to  Stannard's.  I  have  sometimes  cleaned  it  after  using  it.  I  did  not 
clean  it  before  going  away.     The  smaller  blade  was  the  sharper. 

Mr.  Waller — You  said  you  would  rather  have  your  little  boy  cut 
himself  with  a  sharp  knife  than  a  dull  one.     Why  ? 

Witness — Because  it  makes  a  cleaner  cut.  For  just  the  same 
reason  that  I  would  rather  run  a  sharp  nail  into  my  foot  than  a  dull 
one. 

Mr.  Waller  (Solemnly — Was  that  knife  in  a  proper  condition  for 
a  clean  cut  ?     A. — That  I  can't  say. 

Mr.  Waller — You  had  no  improper  connection  with  Mary 
Stannard  ?     A. — Never  ! 

Mr.  Waller — You  were  at  the  oyster  supper  in  March,  1878  ? 

Witness — I  was.  Got  home  with  my  wife  about  i  o'clock.  Mary 
Stannard  was  taking  care  of  the  children. 

Mr.  Waller — Was  anybody  at  your  house  that  night  except  the 
children  and  Mary  ?     A. — Don't  know. 

Mr.  Waller — Did  you  leave  the  house  more  than  once. 

Witness — Only  once. 

Mr.  Waller — Were  you  at  the  oyster  supper  at  1 1  o'clock  ? 


THE    KNIVES    IN    THE    CASE. 

[The  small  knife  is  Mr.  Hayden's  ;  the  other  was  found  near  tlie  scene  of  the  tragedy, 
and  the  owner  has  never  been  discovered.] 


MR.   HAYDEN'S   TESTIMONY.  97 


Witness — I  was. 

Mr.  Waller — Did  you  see  Charles  Hawley  and  Imogene  Stannard 
that  night  at  some  other  place  than  the  oyster  supper  ? 

Witness — Do  not  know. 

Mr.  Waller — Were  they  not  at  your  house  ?     A. — Cannot  say. 

Mr.  Waller  asked  a  long  cpiestion  as  to  the  matter  under  consid- 
eration. 

Witness  asked  for  a  repetition.     Mr.  Waller  said,  why  ? 

Witness — You  ask  so  many  questions  ;  you  say  you,  and  then  I  ; 
I  can't  answer  directly  yes  or  no  ;  not  the  way  you  state  it. 

Mr.  Waller^ — Well,  I  will  reconstruct  and  ask  each  separately. 
Were  you  in  your  house  after  11  o'clock  ?     A. — Yes,  sir. 

Mr.  Waller — Did  they,  in  your  presence,  ask  that  Mary  Stannard 
might  go  home  ?     A. — They  did  not. 

Mr.  Waller — Were  you  not  alone  with  Mary  ?     A. — No,  sir. 

Mr.  Waller — Well,  I've  been  over  it,  and  the  grammar  is  correct. 

Witness — And  the  answer  is  correct. 

Mr.  Waller — Well,  sir,  you  went  riding  with  Mary — I  don't  mean 
in  any  improper  sense — alone,  three  times  ? 

Witness — Twice  I  was  with  her  alone. 

Mr.  Waller — Now,  it's  to  the  trip  to  Middletown  I  wish  to  direct 
your  attention.     Your  wife  had  promised  in  March — 

Witness — It  was  in  February. 

Mr.  Waller — Oh,  the  promise  was  not  fulfilled  till  August  ? 

Witness — No,  sir. 

Mr.  Waller — Ah,  now  Mary  in  August  stepped  in  and  asked  your 
wife  about  going  to  Middletown  ?     A. — Yes. 

Mr.  Waller — How  near  were  you  to  Mary  ? 

Witness — I  was  out  doors. 

Mr.  Waller — Didn't  you  get  into  the  house  before  it  was 
arranged  ? 

Witness — No,  sir;  Mrs.  Davis  came  to  the  door  and  called  me  in. 

Mr.  Waller — Did  you  suggest  to  your  wife  to  have  the  trip  ? 

Witness — No,  sir. 

Mr.  Waller — On  that  drive  you  had  no  companion  carriage — no 
carriage  with  you  or  ahead  of  you  ? 

Witness — No,  sir  ;  don't  remember  of  any. 

Mr.  AValler — Don't  you  drive  through  shady  places,  groves,  over 
hills  and  pleasant  places  on  that  road  ? 


98  MR.  HAYDEN'S   TESTIMONY. 

Witness — Don't  remember  pleasant  places. 

Mr.  Waller — Through  groves  ? 

Witness — We  go  by  hills  by  the  woodside. 

Mr.  Waller — Well,  sir,  were  you  not  alone,  without  sight  of  any- 
body, for  half  hours  at  a  time  ? 

Witness — Well,  I  presume  I  was. 

Mr.  Waller — Very  well.     You  had  no  familiarity  with  her  ? 

Witness — Not  in  the  least. 

Mr.  Waller — Now,  you  drove  your  cow  to  that  pasture? 

Witness — There  (showing  on  map  the  spring  . 

Mr.  Waller — Then  the  spring  is  above.  It  is  nearly  equal 
distance,  isn't  it,  between  Stannard's  house  and  yours  ? 

Witness — It  is  nearer  Stannard's  than  mine. 

Mr.  Waller — That's  the  spring  where  the  Stannards  got  the 
water  for  the  family  ?     A. — Yes. 

Mr.  Waller — Mary  usually  got  the  water  ? 

Witness — Well,  I  can't  say  that. 

Mr.  Waller — You've  seen  her  there,  haven't  j'ou  ?     A.— No,  sir. 

Mr.  Waller — About  this  sprmg  m  summer  time  the  foliage  is 
pretty  dense  ? 

Witness — More  or  less  dense  off  in  this  direction  pointing  to 
map). 

Mr.  Waller — Yes,  I  remember  the  place,  sir  ;  but,  off  by  the 
spring,  is  it  not  a  solitary  place  ?  I  mean  that  one  can  go  there  and 
not  be  seen  from  any  road  or  any  house  ?     A. — Yes,  sir. 

Mr.  Waller — Trees  about  it  ?     A. — Yes  ;  trees  and  alders. 

Mr.  Waller — Place  where  a  private  meeting  could  be  had? 

Witness — I  should  judge  so. 

Mr.  Waller — Did  you  ever  meet  Mary  there  ?     A. — No,  sir. 

Mr.  Waller — Wouldn't  your  cow,  in  its  innocence  (laughter), 
sometimes  wander  up  to  the  spring  and  you  go  after  it  when  time 
for  it  to  go  home  ?     A. — I  know  this — 

Mr.  Waller — Answer  my  question.  Did  your  co^^^  get  there  and 
you  go  after  it  ?     A. — Yes,  sir. 

Mr.  Waller — It  didn't  come  at  call  ?     A. — No,  sir. 

Mr.  Waller — Never  met  Mary  while  up  there  with  your  cow  ? 

Witness — No,  sir  ;  I  never  did. 

Mr.  Waller — Now,  sir,  did  you  know  what  tlie  physical  condition 
of  Mary  Stannard  was,  from  her  or  your  wife  ?     A. — No,  sir. 


MR.   HAYDEN'S   TESTIMONY. 


99 


Mr.  Waller — Do  you  know  Rev.  Mr.  Eldridge  ?     A. — Yes,  sir. 

Mr.  Waller— Of  Middletown  ? 

Witness— Of  Middletown?  No,  sir;  the  man  I  know  is  of 
Middlefield. 

Mr.  Waller — A  part  of  the  town  ? 

Witness — That  I  don't  know,  Mr.  Waller. 

Mr.  Waller — Now,  sir,  did  you  have  any  talk  with  Mr.  Eldridge 
about  this  case  ?     A. — Yes,  sir. 

Mr.  Waller — Didn't  you  say  to  him  substantially  that  it  was  folly 
to  charge  you  Avith  having  intercourse  with  Mary  Stannard,  as  about 
that  time,  or  since,  you  knew  from  your  wife  that  Mary  Stannard 
had  irregular  menstruation  ?  Or  that  it  was  folly  to  suppose  that 
you  knew  the  girl  was  in  the  family  way,  because  your  wife  had  told 
you  she  was  regular  in  her  periods  ?     A. — No,  sir. 

Mr.  Waller — Have  any  talk  with  him  about  this  ? 

Witness — No,  sir  ;  I  don't  think  we  ever  had  any  talk  about 
Mary's  physical  condition. 

Mr.  Waller — Dii^  you,  before  you  went  to  the  coroner's  jury, 
Wednesday  afternoon,  know  that  it  was  claimed  Mary  Stannard  was 
pregnant  ?     A. — No,  sir  ;  don't  think  I  did. 

Mr.  Waller — Or  that  she  thought  she  was  ? 

Witness — No,  sir  ;  don't  think  I  ever  heard  a  word  on  the 
subject. 

Mr.  Waller — Do  you  know  Walter  Green  ?     A. — I  do. 

Mr.  Waller — Did  you  have  any  talk  on  that  Wednesday  before 
you  went  to  the  coroner's  jury  ? 

Witness — Don't  recollect  that  I  met  Mr.  Green. 

Mr.  Waller — Didn't  say  that  Mary  had  got  herself  into  trouble 
and  was  pregnant,  and  had  laid  it  on  to  you  ? 

Witness — No,  sir.  I  told  you,  Mr.  Waller,  that  I  didn't  recollect 
that  I  met  Mr.  Green  that  day. 

Mr.  Waller — Did  you  say  to  Green  that  in  fact  she  had  got  into 
pregnancy  while  at  Guilford  and  committed  suicide  in  consequence  ? 

Witness — No,  sir. 

Mr.  Waller — Mr.  Hayden,  you  have  told  us  Wednesday  night 
you  had  a  pleasant  conversation  with  Luzerne  Stevens  about 
potatoes  ?     A. — Yes,  sir. 

Mr.  Waller — And  that  his  child  was  in  the  house,  and  that 
Rachel  Stevens  also  acted  as  midwife .' 


MR.  HAYDEN'S   TESTIMONY. 


Mr.  Waller — Then  you  were  on  pleasant  terms  with  your  neigh- 
bors ?     A. — I  knew  nothing  to  the  contrary. 

Mr.  Waller — Now,  sir,  do  you  know  if  a  person  could  have  been 
seen  going  from  your  house  into  the  barn  door  facing  the  street 
from  Luzerne  Stevens's  window  ? 

Witness — I  have  an  impression  that  two  cherry  trees  in  my 
garden  and  a  bush  hid  or  obstructed  the  view. 

Mr.  Waller — Did  you  see  that  Wednesday  afternoon  anybody  at 
the  window  while  Mary  Stannard  was  at  your  house  ? 

Witness — No,  sir.  They  may  have  been  there.  At  any  rate  I 
did  not  see  them. 

Mr.  Waller — You  were  quite  intimate  with  the  Stannards  ?  I 
mean  proper  intimacy. 

Witness — Yes,  sir.  Mary  worked  for  my  wife  and  the  father  for 
me. 

Mr.  Waller — Where  did  you  get  that  Peruvian  dollar  ? 

Witness — I  can't  say.     I  think  I  got  it  up  at  the  Vineyard. 

Mr.  Waller — How  soon  did  you  get  money  after  you  went  to 
Middletown  with  Mary  Stannard  ? 

Witness — I  got  money  on  the  i8th. 

Mr.  Waller — So  you  can't  tell  us  where  you  got  that  dollar  . 

Witness — No,  sir. 

Mr.  Waller — Now,  when  with  Mary  in  Middletown,  that  was 
after  you  had  talked  with  the  stewards  about  arsenic  being  good  to 
kill  rats  with  ?     A. — Yes,  sir. 

Mr.  Waller — You  would  have  bought  arsenic  then  if  you  had  had 
money  ? 

Witness — I  think  not.     I  had  not  fully  made  up  my  mind  to  buy. 

Mr.  Waller — Your  intimacy  with  Mary  was  such  that  you 
couldn't  ask  her  to  loan  you  enough  to  buy  the  arsenic  ? 

Witness — No,  sir.  I'll  tell  you  why.  I  wanted  to  feed  my 
horse.  I  told  my  wife  I  did  not  want  to  ask  her  (Mary)  for  the 
money. 

Mr.  Waller — Mr.  Hayden,  who  was  the  first  person,  and  when 
was  it,  you  told  you  had  bought  arsenic  ? 

Witness — 1  think  it  was  Thursday  morning,  and  the  person  my 
wife. 

Mr.  Waller — Did  you  tell  your  wife  the  questions  the  jury  asked 
you  ? 


MR.  HAYDEN'S   TESTIMONY. 


Witness— I  don't  think  I  did.     I  know  I  did  not  Wednesday. 

Mr.  Waller — You  knew  pretty  well  then  that  you  were  an  object 
of  suspicion  ? 

Witness — Yes  ;  but  not  fully  then. 

Mr.  Waller — Now,  do  you  mean  to  tell  us  that  you  did  not  tell 
your  wife  about  it  that  night  ? 

Witness — I  do  ;    just  that. 

Mr.  Waller — Sleep  that  night  ?     A. — I  did. 

Mr.  Waller — With  your  wife  ?     A.— I  did. 

Mr.  Waller — Did  you  act  strange  ? 

Witness — No,  sir  ;    I  tried  to  act  as  naturally  as  possible. 

Mr.  Waller — Self-possessed  and  charged  with  murder,  and  you 
looked  at  her  and  she  at  you,  and  you  had  that  power  of  self-posses- 
sion that  she  did  not  discover  anything  ? 

Witness — I  can't  say  that.     I  tried  to  act  as  naturally  as  possible. 

Mr.  Waller — Ate  an  ordinary  breakfast  next  morning  ? 

Witness — I  don't  remember.  I  know  what  we  had  been  living 
on  for  some  time — pork  and  potatoes. 

Mr.  Waller — When  did  you  tell  your  wife  ? 

Witness — Thursday  forenoon. 

Mr.  Waller — Who  was  there  ? 

Witness — Mrs.  Davis  was  there,  helping  wife. 

Mr.  Waller — Now,  sir,  when  suspicion  pointed  to  you,  did  you 
tell  her  at  that  time  that  you  had  been  to  Middletown  the  day  you 
Avent  away,  and  bought  arsenic  that  day  ;  that  you  had  taken  the 
arsenic  and  thrown  away  the  paper  ? 

Witness — Not  that  I  had  thrown  away  the  paper. 

Mr.  Waller — I  did  not  ask  that. 

W^itness  to  Mr.  Waller — I  told  her  that  day  that  I  bought  arsenic 
on  Tuesday. 

Mr.  Waller — What  did  your  wife  say  to  you  about  it  ? 

Witness — Oh  !  Mr.  Waller,  I  cannot  remember.  She  Avas  all 
broken  up.     [Mr.  Jones  remonstrated.] 

Mr.  Waller — Did  she  recover  after  the  shock  produced  ? 

Witness — I  think  the  next  time  she  spoke  about  it  was  Sunday. 
I  was  taken  away  Friday  morning. 

Mr.  Waller — Did  you  stay  with  your  wife  until  you  was  taken 
away  Friday  ?     A. — I  did  not. 

Mr.  Waller — \Vhere  were  you  Friday  ? 


MR.   HAYDEN'S    TESTIMONY. 


Witness — I  Avent  to  the  funeral. 

Mr.  Waller — Did  you  stay  with  her  that  night  before  the  arrest  ? 

Witness — I  was  home,  up  stairs.  Mrs.  Davis  stayed  with  wife 
below. 

Mr.  Waller — Did  she  mention  to  you  anything  about  purchasing 
arsenic  Friday  or  Thursday  night  ?     A. — I  think  not. 

Mr.  Waller  (impressively) — Did  she  forget  that  her  husband  told 
her  he  had  purchased  arsenic  ? 

Witness — I  don't  think  it  strange.  I  only  wonder  the  poor 
woman  is  living  to-day. 

Mr.  Waller — Yes  !     Who  did  you  tell  next  ? 

Witness — William  Minor  and  Alexander  Johnson. 

Mr.  Waller — You  were  under  arrest  ?     A. — Yes. 

Mr.  Waller — Under  Sheriff  Hull's  charge  ? 

Witness — Under  some  sheriff.  Yes  ;  it  was  under  Sheriff  Hull's 
charge. 

Mr.  Waller — And  to  those  brethren  stewards  on  Friday  ;  you 
told  them  !  Who  was  present  in  the  probate. office  when  you  took 
them  into  the  ante-room  ? 

Witness — I  don't  know.     There  was  a  large  crowd  outside. 

Mr.  Waller— Was  Judge  Landon  ?     Was  Sheriff  Hull  ? 

Witness — Yes,  sir. 

Mr.  Waller — Was  Sheriff  Hull  where  he  could  keep  sight  of  you? 

Witness — Sheriff  Hull  gave  me  permission  to  see  them. 

Mr.  Waller — He  did  !  Now,  sir,  did  not  just  such  a  thing  as 
you  had  told  us  occur  in  the  probate  office  the  next  Monday  ? 

Witness — I  was  not  in  there  the  next  Monday.  The  court  had 
adjourned  to  Coe's  Hall. 

Mr.  Waller — I  will  not  trouble  you  any  further  about  that  then. 
Did  you  tell  anybody  but  your  wife  anything  about  your  purchasing 
poison  (arsenic)  until  you  knew  that  it  was  to  be  published  in  a 
newspaper,  if  it  had  not  been  already,  that  you  had  been  seen  in 
Middletown  and  purchased  some  sort  of  abortion  medicine  ? 

Witness — I  heard  nothing  of  the  sort. 

Mr.  Waller — How  soon  did  you  see  a  paper  containing  an  account 
of  the  homicide  ? 

Witness — I  don't  think  I  have  ever  seen  an  account  in  any  paper. 

Mr.  Waller — Did  you  know  that  the  body  of  Mary  Stannard  was 
to  be  exhumed  ?    A. — I  did. 


MR.  HAYDEN'S   TESTIMONY.  103 

Mr.  Waller — From  whom  ? 

Witness — At  the  table  of  my  keeper,  on  Monday  noon,  the  first 
day  of  my  trial. 

Mr.  Waller — Now,  sir,  did  you  not  know  you  were  traced  to  the 
Tyler  drug  store  ? 

Witness — No,  sir.  That  was  not  in  the  paper.  Mr.  Tyler  said, 
months  afterward,  that  he  never  would  have  thought  of  it  again. 

Mr.  Waller— He  did  ! 

Witness — Yes,  sir  ;  he  said  he  never  would  unless  he  had  seen 
my  testimony. 

Mr.  Waller — Now,  sir,  Mr.  Hayden,  did  you  not  see  that  paper 
before  Sunday  ? 

Witness — I  have  never  seen  it,  sir. 

Mr.  Waller — Very  well.  I  won't  trouble  you  to  show  it  to  you 
now.  It  is.  the  Middletown  Sentinel.  [Of  what  date  ?  Mr.  Jones 
asked.] 

Mr.  Waller — Did  you  know  Susan  Hawley  ?     A. — I  did. 

Mr.  Waller — Was  tl-kere  a  pleasant  intimacy,  proper  of  course, 
between  you  ? 

Witness — We  were  on  good  terms. 

Mr.  Waller — Did  she  not  loan  you  that  summer  ^75  ? 

Witness — No,  sir. 

Mr.  Waller — Did  she  never  loan  you  f  75  ? 

Witness — Yes,  sir  ;  that  was  in  1877. 

Mr.  Waller — I  don't  find  fault  with  the  time  of  paying  it,  as  you 
paid  interest  on  it.  So  Susan  was  on  good  terms  with  you  ;  did  any 
hostility  arise  until  the  time  of  the  homicide  ? 

Witness — Certainly  not  on  my  part.  I  never  saw  Susan  much 
anyhow. 

Mr.  Waller — If  you  wanted  to  borrow,  would  it  have  been  any 
trouble  to  borrow  it  of  Susan  ? 

Witness  (laugh) — I  don't  know,  sir. 

Mr.  Waller — Mr.  Hayden,  when  last  did  you  see  Mary  Stannard 
alive  ? 

Witness — Shortly  after  11  o'clock,  Tuesday,  September  3. 

Mr.  Waller — When  you  last  saw  her  did  she  look  depressed  ? 

Witness — I  don't  recollect,  Mr.  Waller. 

Mr.  Waller — Mr.  Hayden,  have  you  ever  used  arsenic  yourself 
before  1878  ? 


I04  MR.  HAYDEN'S   TESTIMONY. 

Witness — No,  sir  ;  I  never  did. 

Mr.  Waller — Had  you  ever  seen  arsenic  before  that  time  to 
recognize  it  as  arsenic  ? 

Witness — Not  that  I  recollect. 

Mr.  Waller — Were  you  familiar  with  the  operation  of  arsenic  as 
a  poison  ? 

Witness — No,  sir  ;  I  was  not.  I  simply  knew  that  it  was  a 
deadly  poison. 

Mr.  Waller — W^hether  it  would  produce  sleep  or  irritation  or 
burning,  or  were  you  not  acquainted  at  all  with  it  ? 

Witness — I  was  not. 

Mr.  W^aller — Did  you  get  in  Middletown  on  that  visit  (Septem- 
ber 3)  anything  except  fullers'  earth  and  arsenic  ? 

Witness — I  did  not. 

Mr.  Waller — If  you  were  not  familiar  with  arsenic  or  its  opera- 
tion, and  only  knew  it  was  a  deadly  poison,  did  you  know  September 
3,  1878,  how  much  it  would  take  to  kill  ? 

Witness — I  knew  it  was  a  deadly  poison^  and  that  a  very  small 
amount  would  cause  death. 

Mr.  Waller — How  much  ? 

AVitness — I  know  that  enough  taken  on  the  point  of  a  knife 
would  cause  death. 

Mr.  Waller — You  knew  it  then  ? 

Witness — I  supposed  so. 

Mr.  Waller — How  did  you  learn  that  a  very  little  will  produce 
death  ?     A. — I  cannot  say,  sir. 

Mr.  Waller — You  have  said  where  you  got  the  given  knife. 
Now,  where  did  you  get  the  first  one  ? 

Witness — I  bought  it  of  Monroe  Burr  in  the  winter  of  1876  or 
1877. 

Mr.  Waller — Can  you  tell  wliere  you  bought  the  one  previous  to 
the  Burr  knife  ? 

Witness — I  think  wife  gave  it  to  me  as  a  present. 

Mr.  Waller — Was  the  knife  you  used  in  your  business  the  Burr 
knife  ?     A. — It  was. 

Mr.  Waller — Was  it  near  the  size  of  what  is  called  the  Hayden 
knife  ? 

Witness — I  think  it  was  :  am  not  sure.  I  think  it  was  a  small, 
two-bladed  knife. 


MR.  HAYDEN'S   TESTIMONY.  105 


Mr.  Waller — Did  you  ever  have  a  knife  two-bladed  and  about 
the  size  of  the  Hayden  knife  ?     A. — I  never  did. 

A  pause  ensued. 

Mr.  Waller — You  told  us  when  you  reached  Stannard's  that 
Stevens  was  outdoors  ?     A. — I  did  not  say  that. 

Mr.  Waller — Well,  where  was  he  when  you  first  saw  him  ? 

Witness — Outdoors. 

Mr.  Waller — Now,  before  the  coroner's  jury  you  said  you  first 
saw  Ben  Stevens  inside  the  house  sitting  down  in  the  sitting-room  ? 

Witness — I  was  not  questioned  on  the  subject. 

Mr.  Waller  said  again — Did  you  say  so  ' 

Witness — I  was  not  questioned  on  that,  and  therefore  I  did  not 
say  so. 

Mr.  Waller — Answer  my  question  :  Will  you  swear  that  you  did 
not  say  so  ? 

Witness — I'll  swear  that  I  don't  remember  saying  so. 

Mr.  Waller — What  time  did  you  say  you  left  the  oyster  supper  in 
March  ? 

Witness — I  was  not  questioned  on  that. 

Mr.  Waller — Well,  I'll  ask  you  now. 

Witness — It  was  in  the  neighborhood  of  9  o'clock. 

Mr.  Waller — And  you  were  absent  how  long  ? 

Witness — Not  exceeding  ten  minutes. 

Mr,  Waller  here  rested  with  the  prisoner. 


MR.     HAYDEN'S      TESTIMONY     CLOSED. 


The  Re-Direct  Examination  and  further  Cross  Inquiries. 


Mr.  Jones  to  Mr.  Hayden — You  say  you  purchased  a  knife  of 
Monroe  Burr,  the  knife  before  you.     How  much  did  you  pay  for  it  <* 

Witness — Yes,  sir,  and  paid  fifty  cents. 

Mr.  Jones — Where  is  it  ? 

Witness — The  handle,  when  I  was  arrested,  was  in  my  tool  chest, 
and  if  Mr.  Hull  did  not  take  it  from  there,  it  is  there  now. 

Mr.  Jones — There  was  where  you  last  saw  it  ? 

Witness — Yes,  sir.  It  was  not  black  handled  ;  it  was  brown.  I 
thmk  it  is  at  South  Madison,  locked  up,  if  not  taken  away.  The 
other  knife  I  had  not  seen  for  years.  Except  those  three  knives 
and  the  one  I  bought  the  boy,  I  owned  no  other  in  Rockland.  The 
knife  my  wife  gave  me  was  white  handled,  with  a  blade  at  each  end. 

Mr.  Jones — You  say  you  left  the  oyster  supper  at  9  o'clock  ? 

Witness — Yes,  sir. 

Mr.  Jones — And  went  where  ? 

Witness — Went  home  to  put  the  children  to  bed. 

Mr.  Jones — What  was  your  custom  about  that  ? 

Witness — Always  when  at  home  I  put  the  children  to  bed. 

Mr.  Jones — The  oyster  supper  ;  by  whom  was  it  gotten  up  and 
for  what  purpose  ? 

Witness — It  was  gotten  up  by  the  Ladies'  Aid  Society  of  the 
church  at  Rockland  to  liquidate  the  debt  of  $100  on  the  church. 
We  had  had  one  oyster  supper  in  January  and  liquidated  one-half 
of  that  hundred. 

Mr.  Jones — When  you  went  to  put  the  children  to  bed  did  any 
one  go  with  you  ?     A. — No  ;  there  did  not. 


MR.   HAYDEN'S   TESTIMONY.  107 


Mr.  Jones — What  was  your  business  at  the  supper  ? 

Witness — To  take  the  name  of  every  person  who  paid  for 
supper,  and  in  some  cases  to  take  fares.  We  were  giving  away  bed- 
quilts,  and  every  one  who  paid  for  a  supper  had  a  chance  on  these 
quilts. 

Mr.  Jones — When  you  were  absent  who  took  the  names  ? 

Witness — I  took  the  names  of  all  before  I  went.  Wife  and  I  sat 
at  the  table  with  those  who  ate  at  the  first  spread.  When  the 
second  table  was  set  I  was  back  and  took  the  names.  The  first 
table  had  been  completed  and  I  then  went  to  put  the  children  to 
bed.  That  guides  me  in  my  recollection.  There  was  an  interim  of 
a  half  to  three-quarters  of  an  hour  before  the  second  table  was 
ready.  While  the  second  table  was  being  prepared  I  went  to  the 
children.  I  have  no  distinct  recollection  of  the  exact  time,  but  I 
was  gone  from  the  church  but  a  few  moments. 

Mr.  Jones — The  question  was  asked  if  you  had  borrowed  money 
of  Susan  Hawley  ? 

Witness — It  was  in  the  spring  of  1877.  I  had  a  note  which 
had  become  due,  and  wife  informed  me  that  Mary  Stannard  had 
said  that  Susan  had  some  money. 

Mr.  Jones — Was  it  your  note  ? 

Witness — The  note  was  drawn  by  my  wife  and  signed  by  wife 
and  myself. 

Mr.  Jones — Mr.  Hayden,  the  question  has  been  asked  how  many 
times  you  were  ever  at  the  Stannard  house.  State  how  many 
times  you  were  there  while  in  Rockland. 

Witness — I  don't  remember  but  four  times.  One  was  when  I 
went  to  see  about  the  money  wife  had  informed  me  of  ;  and  once  to 
get  cucumbers.  The  Stannard  boy  had  asked  me  to  come,  and 
once  on  the  night  of  September  3  ;  and  once  after  some  apples. 
That  is  all  I  remember,  Mr.  Jones. 

Mr.  Jones — You  were  not  in  the  habit  of  going  there  ? 

Witness — No,  sir. 

Mr.  Jones — The  question  was  asked  you  the  other  day  about  a 
knife  like  that  you  used  to  peel  apples  or  pears  with  being  used  m 
other  families  ? 

Witness — I  don't  recollect  that  question  about  other  families. 

Mr.  Jones— Which  would  be  most  convenient  to  peel  pears  with, 
a  broad  or  narrow-bladed  knife  ? 


io8  MR.   HAYDEN'S   TESTIMONY. 

Witness — I  should  prefer  a  narrow-bladed. 

Mr.  Jones — Mr.  Hayden,  when  you  returned  from  South  ]\Iadi- 
son  Monday,  you  had  been  absent  how  long  ? 

Witness — I  went  away  Sunday  morning  at  9  o'clock. 

Mr.  Jones — Had  you  any  knowledge  that  j^eople  had  gone 
abroad  to  work  on  their  farms  Monday  morning  ? 

Mr.  Jones — Had  you  any  knowledge  on  Tuesday  afternoon 
whether  any  of  your  neighbors,  except  those  you  had  seen,  were 
away  ?     A. — I  had  not. 

Mr.  Jones — Did  you  know  where  Luzerne  Stevens  was  ? 
•  Witness — I  did  not. 

Mr.  Jones — Or  where  the  ladies  were  ?     A. — I  did  not. 

Mr.  Jones — Hadn't  been  around  to  see  ?     A. — No,  sir. 

Mr.  Jones — Is  there  shrubbery  near  the  Ribbon  Path  ? 

Witness — There  is. 

Mr.  Jones — Don't  you  think  if  you  were  crossing  the  path  on  a 
murderous  mission  you  wouldn't  have  shut  your  eyes  and  not 
noticed  whether  any  one  was  coming  down  the  road? 

Mr.  AValler  thought  it  an  improper  question. 

Mr.  Jones  passed  it. 

Mr.  Jones — The  question  was  asked  you  why  you  didn't  buy 
your  oats  in  South  Madison  Monday  ;  what  was  your  answer  ? 

Witness — My  answer  was  that  I  had  no  store  account  ;  that  I 
didn't  think  I  could  get  trusted  at  Myron  Hull's  store  because  a 
former  minister  at  Rockland  had  run  in  debt  S^S^-  M^-  Hull  had 
sued  the  church,  supposing  the  church  was  personally  responsible, 
and  was  defeated,  and  then  he  swore  never  to  trust  another  Metho- 
dist minister.     (Laughter.) 

Mr.  Jones — Did  you  ever  buy  a  bag  of  oats  at  South  Madison  to 
take  to  Rockland  ? 

Witness — No,  sir  ;  there  are  fourteen  hills  to  climb.     (Laughter.) 

Mr.  Jones — Rather  lively  hills  ? 

W'itness — Yes  ;  Rather  hard  to  climb. 

Mr.  Jones — You  spoke  of  getting  a  bag  of  oats  in  Durham  on 
that  Tuesday  ;  was  it  a  long  bag  ? 

Witness — No,  sir  ;  it  Avas  a  broad  bag.  I  don't  know  the 
distinction,  Mr.  Jones,  between  a  bag  and  a  sack.  I  know  they 
now  come  one  hundred  pounds.  I  did  not  speak  of  it  as  a  bag,  but 
as  a  bushel. 


MR.  HAYDEN'S   TESTIMONY. 


Mr.  Jones— Mr.  Hayden,  a  good  deal  has  been  said  about  that 
horse  of  yours.     Which  is  the  oldest,  you  or  the  horse  ? 

Witness — The  horse  I  think  is  about  seventeen  years  old. 
(Laughter.) 

Mr.  Jones — Did  you  not  think  it  dangerous  to  leave  the  reins  in 
charge  of  one  of  your  children  ? 

Witness — The  horse  was  very  gentle,  Mr.  Jones  ;   I  had  no  fears. 

Mr.  Jones — We'll  pass  to  that  spot  near  the  spring,  where  you 
got  out  to  get  a  drink  of  water.  You  got  out  there  and  passed  the 
reins  to  your  little  boy  ? 

Witness — I  stood  close  to  the  vehicle.  I  did  not  consider  it  a 
dangerous  operation. 

Mr.  Jones — When  you  stopped  at  Stannard's,  how  then? 

Witness — Mr.  Stannard  came  out,  and  as  I  turned  to  speak  to 
him  I  saw  Mary  and  Ben  Stevens. 

Mr.  Jones — Mr.  Hayden,  I  want  to  call  your  attention  to  the 
road  up  by  Stannard's  (going  to  map\  You  say  you  never  heard  of 
Big  Rock  or  Fox  Ledge  Rock  or  Whippoorwill  Rock  ? 

Witness — I  did  not  say  that. 

Mr.  Watrous — You  mis(pioted  him.  He  said  he  never  had  been 
there. 

Witness — I  said  at  the  trial  at  South  Madison  that  I  never  had 
heard  of  either  of  them. 

Mr.  Jones — Now,  Mr.  Hayden,  had  you  known  of  paths  across? 
Did  you  know  of  a  path  opposite  the  Stannard  house  leading  to  the 
cart-path  ? 

Witness — I  did  not.  I  observed  a  path  leading  to  the  woods.  I 
did  not  know  where  it  led  to.  I  saw  the  path  from  the  road,  but  had 
no  knowledge  of  the  foot-path. 

Mr.  Jones — Where  had  you  purchased,  while  living  in  Rockland, 
your  Paris  green  ? 

Witness — At  Tyler's  ;  I  purchased  it  for  the  potatoes  in  1877 
and  T878.     I  think  I  made  but  one  purchase  in  each  year. 

Mr.  Jones — Why  not  purchase  it  at  Meigs's  in  South  I^Ladison  ? 

Witness — I  don't  know.  I  don't  know  whether  he  kept  it.  I 
never  was  in  his  store  enough  to  get  acquainted  with  his  store. 

Mr.  Jones — Why  not  in  Durham  ? 

Witness — I  cannot  give  any  reason  except  that  when  I  wanted 
anything  in  the  apothecary's  line  I  went  to  Middletown  for  it. 


MR.   HAYDEN'S    TESTIMONY. 


Mr.  Jones — Hov/  many  druggists  do  you  know  by  sight  in 
Middletown  ? 

Witness — I  know  Woodward  and  Tyler.  I  once  Avent  into  the 
store  of  one  other  and  bought  a  cigar.  It  was  on — it  was  on  Main 
street  ;  I  think  next  door  to  the  free  reading-room,  west  side  of 
Main  street.     I  had  no  acquaintance  with  the  others. 

Mr.  Jones — Mr.  Hayden,  were  your  chiklren  in  the  habit  of 
going  into  the  cellar  ?     A. — They  seldom  went  in. 

Mr.  Jones — Why  ? 

Witness — They  said  they  were  afraid  of  rats.  (Laughter.)  I 
went  with  them  once. 

Mr.  Jones — You  were  asked  if  you  were  ever  with  Mary  Stan- 
nard  in  any  lot  or  out-of-the-way  place  ;  what  was  your  answer  ? 

Witness — I  never  was. 

Mr.  Jones — Did  you  ever  make  her  any  presents  ? 

Witness — No,  sir.  I  once  bought  her  a  pair  of  shoes,  but  it  was 
out  of  her  wages. 

Mr.  Jones — Who  was  with  you  when  you  bought  that  pair  of 
shoes  ? 

Witness — My  wife.  We  bought  them  at  Durham,  at  Leach's. 
Mary  wanted  the  shoes,  and  we  said  we  would  get  them.  I  never 
inquired  fo'r  fullers'  earth  at  Durham  and  South  Madison,  and  owing 
to  an  experience  I  had  in  Hartford.  I  went  to  several  druggists 
there,  and  finally  had  to  go  to  a  wholesale  druggist.  I  don't  know 
of  any  families  that  use  it  in  Rockland  except  my  own.  I  had 
knowledge  of  fullers'  earth  from  my  wife.  I  did,  I  think,  one  term 
have  a  room  in  the  college  building  at  Middletown.  I  don't  know 
whether  the  Industrial  School  building  is  to  be  seen  from  the 
building.  If  it  is,  it  could  not  from  the  windows  of  that  room.  I 
could  have  concealed  the  tools  on  my  return  home  from  Middletown 
if  I  had  intended  to  hide  my  visit  from  her.  [Mr.  Waller  objected  • 
was  the  witness  an  expert  in  hiding  tools  ?] 

Mr.  Jones — You  remember  you  asked  a  quiet  little  question,  Mr. 
Waller. 

Witness — Yes  ;  my  examination  at  the  jury  of  inquest  was  very 
short.  I  was  asked  nothing  about  my  purchase  of  molasses  or 
fullers'  earth  ;  or  whether  I  went  to  my  wood  lot. 

Mr.  Jones — You  saw  Dr.  Bailey  at  Middletown  after  your  pur- 
chase there.     Will  you  state  what  was  said  ? 


MR.    HAVDFN'S    TESTIMONY.  T13 


Witness — Dr.  Bailey  first  spoke  and  said  good  morning,  Mr. 
Hayden.  I  said  good  morning,  doctor.  We  met  at  the  corner  of 
Court  and  Main  streets  as  I  came  out  of  Tyler's  drug  store.  He 
asked  me  if  I  was  still  living  in  Rockland.  He  asked  me  how  my 
family  was.  I  told  him  very  well.  Wife  was  getting  along  as  well 
as  could  be  expected,  as  wife  had  just  had  a  child,  about  three 
weeks  before.  He  asked  me  if  she  was  troubled.  I  can't  give  you 
the  exact  words. 

Mr.  Jones — Well,  never  mind  ;  give  us  the  substance. 

Witness — He  asked  me  if  she  was  troubled  the  same  way  as  in 
her  former  pregnancy,  and  I  said  no,  and  asked  him  if  he  had  many 
such  cases.     It  would  be  hard  for  me  to  state  it,  but  Doctor — • 

Mr.  Jones — Was  it  about  irregularity  of  menstruation  ? 

Witness — Yes.  In  the  first  place  she  was  troubled  with  ulcera- 
tion of  the  vagina. 

Mr.  Jones — Now  you  may  go  on. 

Witness — I  asked  him  if  he  had  many  such  cases.  I  asked  him 
how  his  family  was.  I  asked  him  of  the  whereabouts  of  a  young 
lady  I  had  formerly  known.     That  was  all. 

Mr.  Jones — That  was  all,  and  he  introduced  the  conversation  ? 

Witness — Yes,  sir.  About  Mr.  Green,  as  you  ask,  I  went  for  Dr. 
Bailey  to  have  him  visit  Mr.  Green,  a  sick  man  in  our  place. 

Mr.  Jones — Mr.  Hayden,  are  you  left-handed  or  right-handed  ? 

Witness — Right-handed. 

Mr.  Jones — Use  your  left  or  right  in  whittling  ? 

Witness — Always  with  my  right. 

Mr.  Jones  to  Mr.  Hayden — That's  all. 

THE    STATE    INQUIRES    AGAIN. 

Mr.  Waller — That  horse,  you  say,  was  about  seventeen  years 
old  and  a  gentle  one  ?     A. — It  was. 

Mr.  Waller — You  had  no  fear  from  so  aged  a  horse  that  it  would 
run  away  or  cut  up  uncomfortable  capers  ? 

Witness — I  had  no  fear  of  its  running  away. 

Mr.  Waller — But  were  afraid  of  its  cutting  up  capers  ? 

Witness — I  was. 

Mr.  Waller — When  lie  j^anted,  it  was  not  because  he  was  nervous 
that  made  the  carriage  shake,  but  the  panting?     A.— Yes. 


114  MR.  HAYDEN'S   TESTIMONY. 

Mr.  Waller — Then  he  was  panting  when  Mary  was  with  you  at 
the  spring,  not  excited  ?     A. — No,  sir. 

Mr.  Waller — At  Stannard's  the  horse  rested  how  long  ? 

Witness — Not  oVer  five  minutes. 

Mr.  Waller — Did  you  drive  that  horse  from  Durham  carefully 
and  gently  ? 

AVitness — I  think  I  can  answer  that  yes. 

Mr.  Waller — Well,  sir,  is  that  your  answer  ?     A. — Yes. 

Mr.  Waller — Did  you  stop  between  Middletown  and  Durham  to 
give  the  horse  a  rest  ?     A. — I  did. 

Mr.  Waller — And  at  Stannard's  the  horse  stopped  about  five 
minutes  ? 

Witness — Yes,  about  five  minutes. 

Mr.  Waller — After  that  rest  you  drove  carefully  down  the  hill, 
and  slowly  ? 

Witness — I  think  he  went  his  usual  gait  as  when  I  was  behind 
him. 

Mr.  Waller — Mr.  Hayden,  your  habit  was,  if  I  remember,  when 
going  to  Middletown,  to  go  one  road  and  come  back  another  ? 

Witness — I  said  sometimes  I  went  one  way  and  came  back  the 
other. 

Mr.  Waller — How  often  were  you  in  the  habit  of  driving  or 
walking  past  the  Stannard  house,  say  in  the  summer  season  ? 

Witness — I  can't  answer  it.  Well,  what  do  you  mean,  Mr. 
Waller  ? 

Mr.  Waller — Well,  I'll  make  it  plain.  How  many  times  from 
May,  1878,  to  September  3,  1878,  were  you  up  that  road  as  far  as 
the  Stannard  house  ? 

Witness  asked — Any  farther  ? 

Mr.  Waller — No,  sir  ;  stop  there.  Well,  up  as  far  as  the  Stan- 
nard house  or  farther  ? 

Witness — I  can't  answer  that  question. 

Mr.  Waller — Do  you  think  fifty  times  ?     A. — No,  sir. 

Mr.  Waller — Do  you  think  thirty  times  ? 

Witness — I  said  I  couldn't  tell.     I  don't  know. 

Mr.  Waller — Twenty  times  '     A. — I  can't  say. 

Mr.  Waller — Sure  as  many  as  ten  times  ? 

Witness — I  can't  say  ;  no  recollection. 

Mr.  Waller — Sure  of  once,  September  3  ? 


MR.  HAYDEN'S   TESTIMONY.  115 


Witness — Yes,  sir  ;   and  August  9,  when  the  tornado — 

Mr.  Waller — Answer  my  ([uestion  ;  how  many  times?  You  are 
sure  of  twice  ? 

Witness — Yes  ;  I  am  sure  of  those  times. 

Mr.  Waller — When  going  after  your  cow,  did  you  ever  go  up  as 
far  as  here  (twenty  rods  below  the  spring)  where  my  pointer  is  ? 

Witness — I  don't  know,  sir. 

Mr.  Waller — Did  you  tell  Mr.  Jones  there  was  a  path  leading 
into  the  road  here  (pointing  on  map  ? 

Witness — I  told  him  I  didn't  know  there  was  a  path  by  the 
Stannard  house. 

Mr.  Waller — Back  of  the  path  was  the  foliage  dense  in  1878  ; 
ten  or  fifteen  feet  back  ? 

Witness — I  can  answer  both  yes  and  no. 

Mr,  Waller — Was  it  so  dense  that  a  person  could  step  back  and 
not  be  seen  ? 

Witness — Yes,  sir  ;  in  the  place  where  you  put  the  pointer.  A 
portion  of  the  way  in  the  path  one  would  be  concealed.  [Witness 
rose  up  and  pointed  on  map,  speaking  quietly  and  pleasantly.] 

Mr.  Waller — Now  be  seated,  Mr.  Hayden,  if  you  desire  to.  Did 
you  never  before,  if  not  on  that  day,  see  this  path  ? 

Witness — I  did  not. 

Mr.  Waller — A  Methodist  minister  had  cheated  the  storekeeper  ? 

Witness — I  did  not  say  that. 

Mr.  Waller — He  hadn't  paid  ? 

Witness — No,  the  society  had  not  paid. 

Mr.  Waller — How  long  did  you  know  Henry  Woodward  ? 

Witness — I  knew  him  only  by  sight.  I  don't  think  I  spoke  to 
the  man  over  once  in  my  life. 

Mr.  Waller — Did  you  not  say  at  the  hearing  in  Madison  that  you 
did  not  know  whether  Tyler  knew  your  name  and  occupation  or 
not  ? 

Witness — I  said  I  did  not,  but  supposed  he  did. 

Mr.  Waller — Did  Dr.  Matthewson  doctor  in  your  family  in  1876, 
1877,  1878?     A.— Yes,  sir. 

Mr.  Waller — Did  you  not  buy  of  him  a  breast  pump  ? 

Witness — I  borrowed  it. 

Mr.  Waller — Did  you  not  know  then  that  he  kept  arsenic  for 
sale  and  had  for  years  ?     A. — I  did  not. 


Ii6  MR.  HAYDEN'S   TESTIMONY. 

Mr.  Waller — Did  you  not  know  that  he  kept  drugs  ? 

Witness — Not  for  sale.  I  always  knew  that  doctors  had  their 
medicines. 

Mr.  Waller — Did  you  ever  buy  of  Matthewson  ? 

Witness — I  don't  know  that  I  ever  did. 

Mr.  Waller — Didn't  you  expect  him  to  attend  your  wife  in 
confinement  ?     A. — I  did  not. 

Mr.  Waller — When  did  you  commence  to  learn  the  carpenter's 
trade,  Mr.  Hayden  ? 

Witness — I  think  when  I  was  sixteen  years  old. 

Mr.  Waller — Any  before  that  did  your  occupation  lead  to  the 
knowledge  of  slaughtering  domestic  animals  ? 

Witness — I  think  I  can  say  yes  or  no  to  that. 

Mr.  Waller — Did  your  father  for  awhile  carry  on  the  occupation 
of  a  butcher  ? 

Witness — Part  of  the  time  when  I  was  living  in  Somerset. 

Mr.  Waller — Did  you  not  for  a  time  drive  a  butcher  cart  in 
Somerset  ?      A. — I  did.     It  was  father's  market. 

Mr.  Waller — And  how  long  were  you  keeping  market  ? 

Witness — I  should  say  it  was  a  year.     It  might  exceed  that. 

Mr.  Waller — Did  you  ever  see  him  or  assist  him  butcher  animals? 

Witness — I  did. 

Mr.  Waller — Was  it  a  boyish  recreation  of  yours  to  see  him 
butcher  animals  ?     A. — I  can't  say  that. 

Mr.  Waller — Did  you  ever  assist  in  it  ?     A. — I  don't  think  I  did. 

Mr.  Waller — Ever  butcher  little  lambs  ? 

Mr.  Jones — Well !  what's  the  object  of  all  this  ?  Suppose  a  man 
has  killed  a  calf  in  his  early  life,  it  don't  show  who  killed  that  girl. 

Mr.  Waller — It's  very  greatly  to  his  credit.     That's  all. 

MR.    JONES    CLOSES. 

Mr.  Jones — How  old  were  you,  Mr.  Hayden,  when  your  father 
kept  that  market  ? 

Witness — About  twelve  years  old.  Father  lived  four  miles  from 
the  market. 

Mr.  Jones — Well !  twelve  years  old  ;  that  was  fifteen  years 
ago  ?     A. — Seventeen  years  ;  I  am  nearly  thirty. 

Mr.  Jones — That's  all,  Mr.  Hayden. 


MRS.    HAYDEN. 
[From  a  photograph  taken  December,  1879.] 


MRS.    HAYDEN'S    TESTIMONY. 


The  testimony  of  Mrs.  Hayden  was  a  complete  corroboration  of 
that  given  by  her  husband.  She  testified  that  his  knife  (^the  one 
assumed  by  the  state  to  have  been  the  weapon  used  at  the  time  of 
the  tragedy)  was  not  out  of  the  house  the  afternoon  of  the  murder  ; 
that  her  Httle  boy  had  it,  and  that  Mr.  Hayden  and  the  boy  had  cut 
themselves  on  a  former  occasion  in  using  this  knife.  Mr.  Hayden, 
by  direction,  showed  to  the  jury  the  scars  of  a  cut  on  one  of  his 
fingers,  made,  the  witness  testified  to  her  knowledge,  with  the  knife. 

As  to  occurrences  at  about  the  time  of  the  murder — the  day 
previous  and  on  the  day  of  the  tragedy — Mrs.  Hayden  testified  on 
the  direct  examination  : 

Mr.  Jones — \Vhen  did  your  husband  go  to  Madison  last  before 
the  murder  ? 

Witness — He  went  on  Sunday  morning  about  9  o'clock  and 
returned  on  Monday  afternoon  about  half-past  3. 

Mr.  Jones — What  time  did  Mary  come  to  your  house  on 
Monday  ? 

Witness — It  was  about  9  o'clock. 

Mr.  Jones — Did  you  have  conversation  with  Mary  ? 

Witness — I  did. 

Mr.  Jones — What  did  she  say  she  came  for  ? 

Witness — When  she  came  in  she  said  she  had  waited  as  long  as 
she  could  without  seeing  me.  Said  she  thought  I  would  want  to 
see  her  by  that  time.  She  came  home  unexpectedly  from  Guilford. 
She  told  me  before  she  went  that  she  expected  to  stay  some  length 
of  time  if  Willie  got  along  well  at  Mrs.  Studley's.  She  said  she 
hoped  he  would  get  along  well. 

Mr.  Jones — Did   she  tell  you  why  she  came  back  from  Guilford  ? 

Witness — She  said  that  Willie  was  troublesome  at  Mr.  Studley's, 


MRS.   HAYDEN'S   TESTIMONY 


and  she  had  come  home  hoping  that  she  could  make  arrangements 
to  leave  hun  at  home.  She  said  if  she  could  make  such  an 
arrangement,  they  would  pay  her  more  at  Studley's.  This  was  the 
substance  ot   her  conversation. 

Mr.  Jones — How  long  did  she  remain  at  your  house  that 
morning  ? 

Witness — She  remained  a  short  time.  While  there  she  went  to 
the  well  and  got  me  a  pail  of  water. 

Mr.  Jones — Where  did  you  next  see  Mary  ? 

Witness — I  saw  her  the  same  day,  going  down  past  my  house, 
with  a  pail  in  her  hand. 

Mr.  Jones — When  did  you  next  see  her  ? 

Witness — It  was  a  short  time  ;  I  should  think  about  twenty 
minutes.  She  returned  and  came  into  the  house.  She  seemed 
annoyed.  Said  she  had  been  to  Enos  Stevens's  after  butter,  and  did 
not  find  him  at  home.  She  rested  a  few  minutes  and  then  went 
out  ot  the  door.  She  had  her  pail  with  her.  I  don't  remember 
whether  I  saw  her  going  up  the  road  toward  home. 

Mr.  Jones — When  did  you  next  see  Mary  ? 

Witness — I  should  think  it  was  about  4  o'clock  in  the  afternoon 
on  the  same  day.     She  came  into  the  south  door  of  our  house. 

Mr.  Jones — For  what  purpose  did  she  say  she  came  at  that 
time  ? 

Witness — She  said  she  came  to  borrow  a  rake  for  her  father. 

Mr.  Jones — Where  was  your  husband  at  that  time  ? 

Witness — He  sat  at  the  east  dining-room  window  smoking. 

Mr.  Jones — What  were  you  doing  when  Mary  came  in  ? 

Witness — I  was  in  the  dining-room  tending  baby. 

Mr.  Jones — What  did  Mary  say  to  your  husband  ? 

Witness — She  said:  "How  do  you  do,  Mr.  Hayden."  He 
replied,  "  How  do  you  do."  She  told  him  that  her  father  wanted  to 
borrow  a  rake,  and  he  started  to  go  towards  the  barn  to  get  it. 

Mr.  Jones — Did  Mary  go  with  him  ?     A. — She  did  not. 

Mr.  Jones — What  was  Mary  doing  while  your  husband  had  gone 
to  the  barn  ? 

Witness — She  was  tending  my  baby.  She  took  my  baby  out  of 
my  arms  as  soon  as  she  came  in. 

Mr.  Jones — When  did  you  next  see  your  husband  ? 

Witness — I  saw  him  coming  from  the  barn  with  the  rake.     Mary 


MRS    HAYDEN'S   TESTIMONY. 


asked  me  to  take  the  baby,  and  I  told  her  to  put  it  in  the  cradle. 
She  did  so,  and  she  and  I  then  moved  toward  the  open  door. 

Mr.  Jones — When  you  reached  the  door  where  was  Mr. 
Hayden  ? 

Witness — He  stood  in  the  yard  in  front  of  the  veranda  with  the 
rake  in  his  hand. 

Mr.  Jones — What  took  place  next  ? 

Witness — Mary  stepped  on  to  the  veranda,  and,  I  think,  on  to 
the  ground.  We  all  stood  near  together.  1  heard  her  ask  him  if  he 
was  in  a  hurry  for  the  rake,  and  he  said  no  ;  she  could  keep  it  as 
long  as  she  wished.  Mr.  Hayden  and  I  then  went  back  into  the 
house,  and  Mary,  as  I  supposed,  started  for  home. 

Mr.  Jones — That,  as  I  understand  you,  was  the  first  time  your 
husband  saw  Mary  after  his  return  from  Madison  ?     A. — Yes,  sir. 

Mr.  Jones — What  did  Mr.  Hayden  do  after  Mary  started  for 
home  with  the  rake  ? 

Witness — He  sat  down  by  the  same  window  and  continued  his 
smoking.  He  was  there  some  time,  chatting  and  smoking.  I  should 
think  he  was  there  three-quarters  of  an  hour. 

Mr.  Jones — Where  were  your  two  older  children  when  Mary  was 
aj  your  house  at  this  time  ?' 

Witness — I  think  they  were  around  the  house,  but  I  cannot  tell 
where.     Think  they  may  have  been  over  to  Mr.  Luzerne  Stevens's. 

Mr.  Jones — I  want  to  ask  you  again  if  Mary  went  out  to  the 
barn  on  Monday,  or  went  out  with  Mr.  Hayden  ? 

Witness — She  did  not  go  out  of  the  house  until  she  started  for 
home. 

Mr.  Jones — When  did  you  next  see  Mary  ? 

Witness — I  think  it  was  the  next  morning  about  9  o'clock.  She 
came  into  the  kitchen  door,  and  said  her  father  wanted  to  borrow  a 
pitchfork.  I  told  her  she  could  have  it,  but  would  have  to  get  it 
herself,  as  I  had  not  at  that  time  been  out  of  the  house  since  my 
baby  was  born.  She  started  for  the  barn,  and  soon  after  I  heard 
her  call:  "  Mrs. "Hayden."  I  went  to  the  door  and  she  had  a  fork  in 
her  hand.  The  center  tine  was  broken  out,  and  she  asked  me  if 
there  was  any  other.  I  told  her  I  did  not  know.  She  said  she 
guessed  that  would  do.  She  then  came  up  to  the  door,  and, 
without  coming  in,  talked  a  moment  and  then  went  away. 

Mr.  Jones — Mrs.  Hayden,  was  Mary  at  your  barn  on  Monday  or 


MRS.  HAYDEN'S   TESTIMONY. 


Tuesday,  except  at  the  time  you  have  stated,  and  was  there  any  one 
with  her  when  she  went  to  the  barn  ? 

Witness — She  was  not,  and  there  was  no  one  with  her  to  the  best 
of  my  knowledge. 

Mr.  Jones — When  did  you  next  see  her  ? 

Witness — It  was  between  9:30  and  10  o'clock  on  the  same  day, 
when  she  came  from  the  store.  She  came  in  and  stayed  about  half 
an  hour.  She  was  in  the  habit  of  coming  to  my  house,  and  was 
always  welcome.  I  should  have  stated  before  that  I  think  the 
children  went  with  her  to  the  store. 

Mr.  Jones — Did  you  have  conversation  with  Mary  on  other 
subjects  ?     I  mean  religious  subjects  ? 

Witness — Yes,  sir.  I  often  talked  with  her  on  religious  subjects, 
and  she  showed  an  interest  in  religious  matters. 

Mr.  Jones — State  who  went  with  her  the  last  (Tuesday)  morning 
when  she  went  away. 

Witness — My  two  children  went  with  her,  up  to  her  house. 

Mr.  Jones — What  did  Mary  say  about  returning  with  the 
children  ? 

Witness — She  said  she  would  come  in  sight  of  the  house  with 
them.  This  was  her  custom  when  they  went  to  her  house.  I 
desired  that  she  should  do  this,  so  that  I  could  see  them  when  she 
left  them.  She  would  come  down  below  the  spring  with  them,  just 
above  the  fork  of  the  road. 

Mr.  Jones — What  time  were  the  children  to  come  home  that 
day  ? 

Witness — They  were  to  stay  an  hour,  I  believe  :  this  was  their 
usual  time  of  staying. 

Mr.  Jones — State  if,  in  about  an  hour,  you  were  on  the  lookout 
for  the  children  ? 

Witness — I  was.  I  sat  at  the  north  dining-room  window.  I  first 
saw  a  carriage  up  toward  Stannard's  house,  above  the  spring. 
While  I  was  looking  I  thought  I  saw  the  top  of  a  carriage  come  to  a 
stand  still.  I  thought  it  might  be  Mr.  Hayden  and  that  he  had 
stopped  for  the  children.  The  carriage  stopped  but  a  minute  or 
two,  and  then  came  on.  I  first  saw  them  plainly  just  above  the  fork 
of  the  road. 

Mr.  Jones — Did  your  husband  go  away  on  Tuesday,  and  if  so, 
at  what  time  ? 


MRS.  HAYDEN'S   TESTIMONY.  123 


Witness — He  did.  He  went  away  Tuesday  morning  about 
half-past  6  o'clock.  We  were  out  of  feed  at  that  time.  I  told  him 
if  he  was  going  I  wanted  him  to  get  me  some  sugar,  molasses  and 
fullers'  earth. 

Mr.  Jones — Did  Mr.  Hayden  tell  you  where  he  was  going  on 
Tuesday  ? 

Witness — He  did  not.  Sometimes  he  told  me  where  he  was 
going  and  sometimes  he  did  not.  He  usually  bought  his  feed  in 
Durham. 

Mr.  Jones — Have  you  any  personal  knowledge  about  an  arrange- 
ment Mr.  Hayden  had  with  a  party  in  Middletown  about  buying 
agricultural  tools  ? 

Witness — In  the  summer  of  1877  I  heard  a  conversation  between 
Mr.  Burton,  of  Middletown,  and  Mr.  Hayden  about  a  wagon  Mr. 
Hayden  was  going  to  buy  of  Burton  and  pay  for  it  in  produce. 
He  afterward  bought  a  wagon  elsewhere  ;  and,  while  I  was  with  him, 
went  to  Mr.  Burton's  and  told  him  that,  as  he  had  got  a  wagon,  he 
would  take  his  pay  in  carpenter's  tools. 

Mr.  Jones — What  time  did  your  husband  return  on  Tuesday  ? 

Witness — About  quarter  past  12. 

Mr.  Jones — What  did  he  bring  with  him  ? 

Witness — He  brought  some  feed,  molasses,  sugar  and  a  bo.x  of 
fullers'  earth. 

Mr.  Jones — Will  you  tell  us  just  here  whether  you  were  troubled 
with  rats  or  not  ? 

Witness — We  were  very  much  troubled.  There  were  rat-holes 
in  the  chambers  when  we  moved  there.  There  were  so  many  in 
the  cellar  that  we  could  not  keep  anything  there  without  covering  it 
with  something  that  the  rats  could  not  gnaw  through. 

Mr.  Jones — Had  you  had  any  conversation  with  your  husband 
about  getting  arsenic  ? 

Witness — I  had,  and  I  told  him  that  I  was  afraid  to  have  it  in 
the  house.  I  told  him  to  get  "  ratsbane."  I  did  not  know  that 
arsenic  and  ratsbane  were  the  same  thing  until  I  heard  Professor 
Johnson  say  they  were  the  same,  in  court. 

Mr.  Jones— When  did  Mr.  Hayden  first  tell  you  that  he  had 
purchased  arsenic  ? 

Witness — It  was  the  Sunday  after  the  homicide  and  while  I  was  in 
South  Madison.     I  don't  remember  that  anybody  else  was  present. 


124  MRS.  HAYDEN'S   TESTIMONY. 

Mr.  Jones — You  may  state  how  the  conversation  about  arsenic 
came  up. 

Witness — On  the  Sunday  before  I  saw  something  in  the  paper 
about  his  going  to  Middletown.  I  asked  him  on  Sunday  if  he  got 
the  things  in  Middletown.  He  said  that  he  got  the  sugar,  molasses 
and  oats  at  Durham,  and  the  fullers'  earth  and  arsenic  in  Mid- 
dletown. 

Mr.  Jones — After  your  husband's  return  what  did  he  do  ?  Tell 
in  your  own  way  what  he  did  up  to  tea  time. 

Witness — After  he  came  home  he  brought  the  things  into  the 
house,  putting  the  bag  into  the  store-room,  and  carried  the  other 
things  into  the  pantry.  He  then  went  out,  and  I  thought  around 
the  barn.  He  then  came  in,  asked  what  I  was  going  to  have  for 
dinner,  built  a  fire  in  the  kitchen  stove,  went  down  cellar  and  got  the 
oysters  and  took  them  out  under  the  fir  tree  and  opened  them. 

Mr.  Jones — Was  anybody  at  your  house  at  the  time  ? 

Witness — I  don't  remember  that  there  was. 

Mr.  Jones — What  did  he  open  the  oysters  with  ? 

Witness — A  pocket-knife. 

Mr.  Jones  (handing  the  witness  a  knife) — Is  that  the  knife  ? 

Witness  (after  looking  at  the  knife  for  some  time)  —  It 
looks  like  the  knife.  My  husband  had  but  one  knife,  to  the  best 
of  my  knowledge.  After  he  had  opened  the  oysters  he  came  in 
with  the  oysters  and  the  knife  in  his  hand.  I  took  the  oysters  and 
knife,  and,  after  wiping  the  knife,  put  it  on  the  kitchen  shelf.  I  told 
him  I  wanted  it  to  peel  some  pears  in  the  afternoon.  Mr.  Hayden 
then  set  the  table  for  dinner,  and  in  a  short  time  I  cooked  the 
oysters.  Mr.  Hayden  and  the  children  sat  down  and  ate  dinner 
together,  and  I  held  the  baby.  After  they  got  through  I  made  toast 
for  my  dinner,  and  he  held  the  baby  while  I  ate.  The  dishes  were 
not  washed  at  that  time.  I  being  sick,  Mr.  Hayden'  did  most  of 
the  work.  He  cleared  off  the  table  and  put  the  things  in  the 
pantry.  I  think  this  was  between  a  quarter  and  half-past  i.  After 
this  he  did  the  chamber  work,  which  consisted  in  making  three  beds. 
That  noon  he  brought  me  a  letter,  which  contained  an  administra- 
tor's account  from  my  brother.  This  was  sent  for  us  to  sign.  It 
was  the  account  of  the  settlement  of  my  mother's  estate.  That 
paper  was  eventually  returned  to  the  administrator.  The  estate 
consisted  principally  of  wood  land,  and  had  fallen  in  value.     After 


MRS.  HAYDEN'S   TESTIMONY.  127 


dinner  we  sat  down  to  examine  this  account,  and  went  over  it,  item 
by  item.  We  were  twenty  or  twenty-five  minutes  looking  it  over 
and  signing  it.  After  we  had  examined  the  account,  Mr.  Hayden 
laid  down  on  the  floor  and  played  with  the  children  ten  or  fifteen 
mmutes.  Then  he  said  he  was  going  over  in  the  swamp  to  throw 
out  some  wood.  We  only  had  a  few  apple-tree  twigs  at  home  to 
burn  at  that  time.  He  started  for  the  wood  lot,  I  think,  about  a 
quarter-past  2.  I  cannot  say  whether  he  went  out  of  the  kitchen  or 
dining-room  door.  The  children  went  out  with  him.  I  was  sitting 
at  my  favorite  Avindow  in  the  dining-room.  I  saw  him  going  down 
the  road  toward  Mr.  Stevens's  barn.  I  saw  him  as  he  was  nearing 
the  fork  of  the  road.  The  understanding  was  that  the  children 
should  go  as  far  as  the  fork  of  the  road  and  then  return,  and  they 
did  so.  I  next  saw  him  getting  over  the  bars  at  Burr's  farm.  Then 
I  saw  him  a  very  short  distance  from  the  bars  going  toward  the 
woods.  When  nearing  Mr.  Stevens's  barn  he  threw  a  kiss  to  me.  I 
know  that  my  husband  had  a  turnip  patch,  but  I  don't  know  exactly 
where  it  was,  as  I  had  never  been  to  it.  The  next  time  I  saw  Mr. 
Hayden,  after  seeing  him  going  toward  the  wood  lot,  was  on  the 
edge  of  the  potato  patch,  near  the  house.  I  heard  him  call  Emma, 
and  I  went  to  the  window,  when  he  told  me  to  send  him  a  basket  to 
pick  up  some  potatoes.  I  went  into  the  kitchen  to  find  Emma  and 
I  went  to  the  window,  when  he  told  me  to  send  him  a  basket,  and 
just  then  he  came  to  the  back  door  and  came  in,  and  I  did  no  more 
about  it.  I  think  I  saw  him  take  a  basket  from  the  sink  room.  I 
afterward  saw  him  and  Emma  in  the  potato  patch.  I  did  not  notice 
whether  he  was  picking  up  potatoes  or  digging  them  after  he  went 
back  into  the  patch.  I  think  he  brought  the  potatoes  into  the 
cellar,  as  I  thought  I  heard  him  emptying  them.  Afterward  I  saw 
him  and  Emma  picking  up  chips. 

Mr.  Jones — Did  you  say  anything  to  him  about  going  to  the 
woods  on  that  day  ? 

Witness — I  did.  I  tried  to  discourage  him,  as  it  was  so  warm. 
He  said  he  must  do  it  so  that  I  would  have  some  wood  while  he  was 
away  at  work  for  Mr.  Davis.  I  saw  him  on  the  way  to  the  wood  lot 
until  my  vision  was  obscured  by  the  foliage  on  the  trees  in  the 
swamp.  That  evening  he  helped  me  get  tea.  He  also  went  into 
the  parlor  and  wrote  a  postal  card  to  Jason  Dudley.  It  was  in 
reference  to  a  school.     I  don't  think  it  was  sent.     The  postal  may 


128  MRS.  HAYDEN'S   TESTIMONY. 

be  in  Mr.  Hayden's  desk  now,  but  I  don't  know.  The  postal  card 
was  not  completed  when  he  was  informed  of  the  death  of  Mary 
Stannard. 

Mr.  Jones  here  produced  a  bundle  of  clothing,  and  asked  Mrs. 
Hayden  to  pick  out  the  clothing  that  her  husband  wore  on  the  day 
of  the  homicide. 

Mr.  Jones — Has  that  clothing  ever  been  washed,  to  your  knowl- 
edge ?     A. — No,  sir. 

Mr.  Jones — When  were  you  first  informed  of  the  death  of  Mary 
Stannard  ? 

Witness — I  think  it  was  after  six  o'clock  on  Tuesday,  when 
Jennie  Stevens  came  in  and  told  me  about  it.  My  husband  was  in 
the  parlor  at  the  time  writing.  He  came  out  into  the  kitchen  and 
went  out  doors.  I  heard  him  talking  with  some  one  outside.  He 
returned  about  eight  o'clock  in  the  evening.  As  he  came  in  he 
went  into  the  sink-room  and  took  down  his  coat  and  put  it  on.  He 
said  he  was  going  with  Charley  Scranton  for  the  coroner.  I  think 
he  said  he  was  going  to  Henry  Stone's.  I  told  him  I  could  not  stay 
alone,  because  I  felt  so  badly  and  nervous.  He  went  out  and  after- 
ward came  back,  saying  that  he  would  not  go.  There  was  a  wagon 
there  at  the  time. 

Mr.  Jones — Mrs.  Hayden,  from  the  time  vou  first  knew  Mar\' 
Stannard  to  the  time  of  her  death,  was  there  anything  like  intimacy 
between  Herbert  H.  Hayden  and  Mary  Stannard?      [Deep  silence.] 

Witness  (solemnly) — None. 

Mr.  Jones — How  often  have  they  ever  been  in  the  same  vehicle  ? 

Witness — Three  times.  The  first  was  in  the  summer  of  1877.  1 
had  received  an  invitation  from  Mrs.  Talcott  Davis  to  go  up  there 
for  cherries.  Mary  was  working  for  me  then.  I  invited  her  to  go. 
We  all  went.  We  went  and  returned  before  dark.  The  second 
time  was  when  she  was  sick,  when  she  got  her  face  and  hands 
poisoned.  I  got  some  of  my  school  boys  to  take  her  home  on  a 
hand  sled.  Mr.  Hayden  went  up  after  her.  It  v.-as  after  he  had 
borrowed  the  horse  to  go  to  South  Madison  in  the  afternoon.  Her 
father  had  said  she  was  able  to  come  up  and  do  a  little  and  help 
take  care  of   the  children. 

Mr.  Jones — You  requested  Mr.  Hayden  to  go?     .\. — I  did. 

Mr.  Jones — Now  as  to  the  third  time  ? 

Witness — It  was  when  she  went  to  Guilford,  in   187S.     After  I 


MRS.   HAYDEN'S   TESTIMOXV.  129 


closed  my  school,  in  the  last  of  February,  Mr.  Hayden  had  two 
weeks  more  to  teach  in  South  Madison,  and  I  wanted  to  go  down 
and  visit,  and  we  wanted  the  house,  pigs  and  poultry  taken  care  of  ; 
and  I  owed  Mary  a  little  money,  and  I  told  her  that,  if  she  would 
come  down  and  look  after  things  a  little,  I  would  pay  her  when  I 
came  back,  and  Mr.  Hayden  should  take  her  to  Middletown  to  get 
some  things  I  knew  she  wanted.  I  paid  her  $9  when  I  came  home, 
for  they  (Mr.  Stannard's  people)  were  hard  pressed  for  money,  and 
wanted  the  money  to  use.  So  after  she  went  to  work  at  Guilford 
she  earned  some  money  there,  and,  of  course,  had  a  chance  to  spend 
it.  She  had  dry  goods  she  bought  there.  After  that  she  was 
working  at  Mrs.  Studley's,  and  earned  some  money  at  gathering 
whortleberries,  and  I  told  her  I  would  keep  my  promise  and  have 
Ylv.  Hayden  take  her  to  Middletown  so  she  could  spend  her  money. 

Mr.  Jones — Do  you  know  what  date  that  was  ? 

Witness — The  14th  or  15th  of  August.  The  baby  was  born 
about  that  time  ;  I  recollect  it  by  that. 

The  cross-examination  was  short  and  was  conducted  bv  Mr. 
Waller. 

Mr.  Waller — Mary  was  at  your  house  just  before  the  baby  was 
born  a  number  of  times  ?     A.— Yes,  sir. 

Mr.  Waller — Wasn't  she  at  your  house  frequently  after  the  baby 
was  born  ? 

Witness — She  was  a  few  times.  The  days  she  was  whortleber- 
rying  she  came  in  often  ;  when  not  specially  busy  she  was  at  the 
house  perhaps  on  an  average  three  times  a  week.  She  came  to  sew 
on  the  machine  sometimes. 

Mr.  Waller — On  the  Monday  before  the  murder,  I  think  you 
said,  she  came  in  at  7  o'clock  and  said  she  could  not  wait  any  longer 
without  seeing  you  ?     A. — Yes,  sir. 

Mr.  Waller — Did  you  ask  her  why  she  did  not  walk  down 
Sunday  afternoon  when  she  knew  you  were  all  alone  ? 

Witness — I  did  not. 

Mr.  Waller — Do  you  know  of  any  reason  why  she  did  not  ? 

Witness — No,  sir. 

Mr.  Waller — When  she  came  down  that  morning  did  you 
remark  to  her  that  she  looked  nervous  and  distressed  ? 

Witness — Yes,  sir. 

Mr.  Waller — Did  you  saj',  you  don't  look  like  yourself  ? 


130  MRS.  HAYDEN'S   TESTIMONY. 


Witness — I  said,  you  don't  look  natural. 

Mr.  Waller — How  did  she  usually  act  ? 

Witness — She  was  usually  laughing  and  talking. 

Mr.  Waller — Did  she  not  say  she  felt  as  if  she  would  like  to  be 
dead  ? 

Witness — She  said  she  felt  like  swearing.  She  said  she  was  a 
good  mind  to  kill  herself. 

Mr.  Waller — Did  she  tell  you  what  the  matter  \vas  ? 

Witness — She  didn't  then. 

Mr.  W^aller — Did  you  understand  it  to  refer  to  a  little  petty 
trouble  with  the  child  ? 

Witness — She  had  told  me  of  something  that  had  happened  to 
her  before  she  left  a  certain  place.     She  told  me  privately. 

Mr.  Waller — Something  you  never  told  before  ? 

Witness — Yes  ;  I  told  it  to  Mrs.  Gilbert  Stone  and  Miss  Davis. 

Mr.  Waller— Who  else  ? 

Witness — I  don't  remember.     I  think  I  told  some  others. 

Mr.  Waller — We  will  leave  that  topic  for  the  present.  Did  it 
not  occur  to  you  that  it  was  strange  that  Mary  was  at  your  house 
that  morning?     A. — No,  sir. 

Mr.  Waller — I  am  asking  your  attention  to  the  Tuesday  morning 
of  the  day  she  died.  Did  your  husband  tell  you  he  was  going  to 
Middletown  ?     A. — I  do  not  remember. 

Mr.  Waller — Don't  you  remember  that  he  never  said  a  word 
to  you  about  going  to  Middletown  ? 

Witness — Don't  remember  ;  think  he  did  not  say. 

Mr.  W^aller — You  were  troubled  with  rats  in  that  house,  were  you 
not  ? 

Witness — I  think  I  may  safely  say  so. 

Mr.  Waller — Do  you  remember  a  time  when  you  were  not 
troubled  ? 

Witness — It  was  about  seven  months  that  we  were  troubled. 

Mr.  Waller — How  many  times  did  you  talk  with  Mr.  Hayden 
about  buying  poison  ?     A. — Several  times. 

Mr.  Waller — When  was  it  talked  about  ? 

[Witness  broke  down  and  cried.  Checking  her  tears,  she 
resumed.] — It  was  about  the  loth  of  August.  That  was  not  the  first 
time. 

Mr.  Waller — Never  mind  that. 


MRS.  HAYDEN'S   TESTIMONY, 


Witness — He  said  he  was  going  to. 

Mr.  Waller— You  didn't  know  he  had  bought  arsenic  the  day  the 
girl  died  ;  didn't  know  of  it  the  day  the  girl  died  ;  didn't  know  of  it 
when  he  was  arrested  ;  you  didn't  know  it  till  Sunday  ?  (Profound 
silence.) 

Witness— I  didn't  know  of  it  then.  As  I  told  you  before,  it  is 
indistinct,  but  it  seems  to  mc  that  he  said  something  about  going  to 
get  it,  but  I  could  not  swear  to  it. 

Mr.  Waller— If  your  husband  had  told  you  he  bought  arsenic , 
you  would  have  remembered  it,  would  you  not  ? 

Witness — It  seems  as  if  he  did,  but  1  cannot  be  sure.  There 
has  been  so  much  said  that  I  do  not  recollect. 

Mr.  Waller — You  testified  nothing  at  Madison  about  it  ? 

Witness — There  was  nothing  said  about  it.  I  testified  to  what  I 
knew  he  bought. 

Mr.  Waller — Madam,  was  there  anybody  there  on  Tuesday,  when 
your  husband  left  your  house,  that  saw  him  when  you  did  and 
knows  when  he  left  the  house  ? 

Witness — I  know  of  none,  nor  of  any  that  saw  my  husband 
crossing  over  by  the  Burr  barn  when  I  saw  him.  My  boy  saw  the 
knife  in  tlie  house  when  Mr.  Hayden  was  gone.  I  know  of  nobody 
else  that  saw  it.  I  did  state  in  my  opening  testimony  that  the 
accused  is  my  husband,  that  we  have  been  married  eight  years,  and 
that  1  have  had  three  children  by  him.  I  stated  that  he  always 
treated  me  well,  and  I  do  now  continue  to  have  affection  for  him 
and  confidence  in  him,  and  that  if  he  is  punished  it  will  be  an 
unjust  punishment  inflicted  upon  him,  for  all  that  I  know  now. 

[Profound  silence.     Wait  a  moment,  Mr.  Jones  said.] 

Mr.  Waller — The  question  comes  in  now.  It  is  the  only  question 
of  the  kind. 

To  Witness — Wait  and  give  them  time  to  object. 

Mr.  Waller — As  the  accused  was  your  husl)and,  the  father  of 
your  children,  and  treated  you  well ;  and  as  you  believe,  if  he  is 
punished,  it  will  be  unjust,  is  not  your  mind  in  such  a  condition 
that  you  would  say  something,  even  if  not  true,  that  would  help  him 
or  save  him  .' 

Both  counsel  for  defence,  cpiickly  and  with  voices  raised — Don't 
answer  that  question. 

Mr.   Waller  (rising) — I   would  not   say  an   unkind  word  to  this 


132  MRS.  HAYDEN'S   TESTIMONY. 

poor  woman  under  any  circumstances.  Her  devotion  challenges, 
the  admiration  and  respect  of  all,  and  that  she  would  exaggerate, 
prevaricate  or  commit  perjury  implies  no  censure  upon  her  or  upon 
womanhood.  An  opposite  course  may  be  possible  in  the  higher  life 
that  Utopians  think  may  be  reached,  but  I  can  think  that  a  wife 
who  loves  her  husband  as  her  life,  that  has  full  confidence  in  him, 
and  knows  that  he  is  liable  to  an  ignominious  punishment — and  a 
little  faith  is  enough,  if  no  bigger  than  a  grain  of  mustard  seed — 
and  if  she  thinks  he  is  liable  to  capital  punishment,  that  a  good 
woman,  a  true  woman,  could,  by  the  natural  operation  of  her  mind, 
exaggerate,  prevaricate,  or  commit  a  perjury  to  save  him.  I  say 
nothing  amiss  of  that  poor  woman  that  I  could  not  say  of  my  wife, 
dearly  as  I  love  her  and  the  six  children  with  whom  God  has  blessed 
us.  I  say  freely  of  my  own  wife  that,  if  I  thought  she  would 
hesitate  to  prevaricate,  bold  as  the  doctrine  is,  or  even  commit 
perjury  to  save  me  from  a  dreadful  fate,  I  would  not  love  her  as 
much  as  I  do  now.  It  is  a  statement  of  fact  I  make,  and  a  wife  will 
always  do  that  for  her  husband,  until  that  perfect  condition  is. 
reached  which  the  Utopian  dreams  of.  And  my  suggestion  is  not 
malignant,  nor  has  it  bad  elements,  but  speaks  only  of  the  love  and 
fidelity  of  that  woman.  An  insult  ?  Why,  for  centuries  it  was  not 
allowed  a  woman  to  testify  for  her  husband.  The  principle  was 
that  husband  and  wife  are  one,  and  even  now  in  Connecticut  the 
law  is  so  that  a  wife  cannot  be  compelled  to  go  on  the  stand  and 
testify  against  her  husband.  We  couldn't,  and  we  wouldn't  if  we 
could,  for  we  wouldn't  have  a  wife  testify  against  her  husband  ;  but 
the  purport  of  the  question  is  to  fairly  present  the  case  to  the 
triers. 

Mr.  Watrous — I  am  not  surprised  that  the  gentleman  was  not 
astonished  that  such  a  question  should  not  arouse  indignation.  It 
is  an  insult  to  that  lady,  an  insult  from  its  very  component  parts.  It 
asks  if  believing  her  husband  innocent — a  suggestion  utterly  incom- 
patible with  perjury  being  needful — that  she  could  before  God  tell 
what  is  false  for  what  is  true.  Seductively  as  the  case  has  been  pre- 
sented, my  learned  friend  knows  his  question  is  improper — improper 
legally  ;  but  to  ask  if  a  witness  upon  the  witness  stand  is  ready  to 
lie,  with  the  word  of  God  in  her  hands,  is  an  affront.  It  is  very 
ingenious  to  take  this  occasion — one  improper  as  I  say,  but  not  cen- 
soriously— to  ask  if  my  witness  would  not  lie   under  oath  to  save 


MRS.  IIAVDEN'S   TESTIMONY.  133 


anybody.  I  respect  the  character  of  the  wife  as  deeply  as  any  can, 
even  as  my  learned  friend  can.  But  it  is  wrpng  to  ask  this  woman 
here — faithful,  true,  and  an  honor  to  her  sex— before  God  and  the 
heaven  to  which  she  is  going,  if  she  will  tell  a  lie.  In  my  practice  as 
a  lawyer  I  never  knew  such  a  question  to  be  asked.  We  have  no 
fear  of  the  answer,  but  we  ask  that  the  witness  be  no  more  treated 
in  that  way,  however  good  the  motive  may  be.  And  the  sweet 
things  my  friend  has  said  about  Avifely  faith  should  be  saved  for 
the  time  the  arguments  are  made  and  not  used  certainly  at  this 
stage. 

Mr.  Waller — The  question  was  to  show  the  bias  of  the  witness, 
and  the  extent. 

The  Court — We  hardly  think  it  a  proper  question  to  ask. 

Mr.  Waller  to  Mrs.  Haydcn — Madam,  1  have  no  furtlier  ques- 
tions to  ask. 

Mr.  Jones — Wait  a  moment,  Mrs.  Hayden.  When  Mary  came 
home  from  the  Studleys,  do  you  know  from  any  source  what  her 
physical  condition  was  ? 

Witness — Not  at  that  time.     No  direct  knowledge. 

Mr.  Jones — Did  you  have  a  conversation  with  her  on  the  subject, 
and  when  ? 

Witness — Think  it  was  in  the  latter  part  of  June  or  first  of  July. 
She  said  she  was  in  a  condition  peculiar  to  females.  She  was 
washing  at  our  house  at  the  time.  She  spoke  about  feeling  like 
swearing  and  killing  herself.  She  came  in  as  I  was  telling  Mrs. 
Davis  of  a  post-mortem  examination  performed  on  a  relative  of 
hers.  She  spoke  that  morning  of  having  had  trouble  with  her 
child.  She  spoke  of  it  that  morning,  but  had  spoken  particularly 
about  it  the  morning  before.  In  answer  to  a  question  from  Mr. 
Waller  as  to  my  reasons  for  not  inquiring,  she  said  she  had  left  a 
certain  place  which  I  will  not  name — 

Mr.  Jones — Did  she  say  she  left  a  i}articular  place  because  of 
some  attempted  action  by  a  party  in  that  place  ? 

(Objected  to.) 

[Mr.  Jones  said  it  ought  to  go  to  the  jury  that  she  felt  like 
"killing  herself  because  of  this  trouble  at  that  house.  Mr.  Watrous 
said  what  Mary  said  about  killing  herself  caused  the  mind  of  the 
witness  to  advert  immediately  to  what  was  said  the  morning  before. 
The  real,  true  cause  ought  to  be  shown  to  the  jury.     The  State  says 


134  MRS.  HAYDEN'S   TESTIMONY. 

the  remarks  of  Mary  suggested  the  accused.  We  say  they  referred 
to  actual,  incontrovertible  facts.  If  the  dead  girl's  language  of  sad- 
ness and  sorrow  is  to  be  cited,  should  not  the  true  cause  be  shown  ? 
If  Mary  sighed  and  was  sad  because  of  an  injury,  cannot  the  real 
injury  be  shown  instead  of  a  fictitious  one  ?  The  court  ruled  out 
the  question,  as  the  girl  made  no  explanation  of  her  state  of  mind 
at  the  very  time.] 

The  question  asked  by  Mr.  Waller  provoked  in  the  press  of  the 
country  more  comment  than  was  given  to  any  single  development  in 
the  trial,  and  with  scarcely  an  exception  the  criticism  was  unfavor- 
able to  the  lawyer.  It  was  looked  upon  as  an  effort  to  produce  a 
dramatic  effect  principally,  and  many  conjectures  were  raised  as  to 
the  real  impression  made  upon  the  minds  of  the  jury,  who,  as  was 
subsequently  ascertained  after  the  trial  had  closed,  were  at  the  time 
strengthened  in  their  favorable  impression  already  formed  toward 
Mrs.  Hayden. 


THE    ARGUMENTS. 


Mr.  Lyxde  Harrison-,  January  14,  1S80,  made  the  opening 
argument  for  the  State.     His  points  are  summed  up  as  follows  : 

On  the  3d  day  of  September,  1878,  a  secret  and  foul  murder  was 
committed.  In  the  peaceful  Rockland  village  a  fair  young  woman, 
standing  on  the  threshold  of  life,  one  who  had  felt  the  blight  of  one 
man's  wrong  doing,  was  swiftly  hurried  out  of  the  world  into  the 
dim  and  dread  eternity.  The  people  were  aroused.  It  is  said  that 
when  the  tiger  of  India,  escaping  from  a  secret  lair,  seizes  some 
child  from  an  Indian  village,  the  whole  of  the  inhabitants  of  the 
l)lace  rush  out  and  track  him,  if  possible,  into  the  recesses  of  the 
forest,  and  make  it  their  business  to  destroy  him.  So  all  the  people 
of  Rockland  village  felt  it  incumbent  on  them  to  look  into  the  cause 
of  this  murder.  All  the  dreadful  incidents  of  those  three  days  were 
distinctly  impressed  upon  the  minds  of  those  people.  Clue  after 
clue  was  picked  up.  Trace  after  trace  was  found.  Track  after 
track  was  investigated,  and  finally  the  machinery  of  the  law  took  up 
this  case,  and  it  has  been  your  duty  and  my  duty  to  investigate  and 
find  out  the  truth. 

First,  we  have  proved  the  death  of  Mary  Stannard.  Then  we 
have  proved  the  cause  of  that  death.  We  have  called  the  doctors 
who  saw  the  body  and  identified  it,  and  the  professors  who  have 
testified  to  what  they  have  found  in  the  body — the  ninety  grains  of 
arsenic.  Then  comes  the  proof  that  Mr.  Hayden,  the  accused, 
bought  arsenic  on  that  fatal  morning.  We  claim  to  have  shown 
how  Mr.  Hayden  fabricated  his  defence  by  showing  that  the  barn 
arsenic,  which  Hayden  says  he  had  bought,  had  been  put  there  in 
order  to  account  for  arsenic  which  he  admitted  he  had  bought.  We 
have  proved  the  cause  of  death,  the  wound  in  her  throat,  and  the 
possession  by  the  accused  of  a  sharp,  small  knife  with  which  such  a 


THE    ARGUMENTS. 


wound  might  have  been  made.     Then  we  have  proved  the  time  of^ 

the  murder.  It  must  have  been  shortly  after  3.  Next  we  have 
shown  the  motive  of  this  crime.  We  have  shown  that  Mary 
Stannard  had  previously  been  the  victim  of  another  man  ;  that  she 
was  then  in  a  condition  of  body  which  might  have  produced  the 
same  symptoms  that  she  had  previously  had  ;  that  she  thought  she 
had  those  symptoms  ;  that  she  went  home  for  the  purpose  of 
obtaining  assistance  ;  that  she  communicated  with  Mr.  Hayden  by 
secret  and  private  interviews.  Then  we  proved  that  a  man  was  seen 
going  toward  the  spot  where  the  body  was  found,  and  we  show  that 
every  other  person  in  the  place  can  be  accounted  for  except  Herbert 
H.  Hayden  at  the  time  Mrs.  Ward  saw  the  man  crossing  the  road. 
Then  we  show  the  distance  from  the  house  to  the  wood  lot,  and 
show  that  it  would  have  been  possible  for  a  man  to  have  passed  from 
one  point  to  the  other  within  the  time  when  the  prisoner  was  out  of 
sight  of  every  mortal  eye.  Then  we  show  the  contradictions  of  Mr. 
Hayden,  and  the  blood  spots  found  on  his  knife.  Then  we  contra- 
dict many  of  the  material  statements  of  Mr.  Hayden,  and  so  the 
end  has  been  reached. 

Under  the  laws  of  Connecticut  the  poisoning  ot  a  person  or 
deliberate  kilHng  is  murder  in  the  first  degree.  Another  statute 
provides  that  no  such  degree  of  murder  shall  be  found  unless  the 
evidence  is  equivalent  to  that  of  two  credible  eye-witnesses.  It  is 
the  duty  of  the  jury  in  this  case,  if  they  consider  the  circumstantial 
evidence  equivalent,  to  find  a  verdict  of  guilty  of  murder  in  the  first 
degree.  If  not,  they  are  at  liberty  to  bring  in  a  verdict  in  a  lesser 
degree.  The  State  claims  to  have  fully  proved  the  murder  by  the 
knife,  arsenic  and  a  blow  on  the  head  at  the  spot  where  the  body 
was  found.  The  circumstances  show  that  it  was  by  a  person  in 
whom  the  girl  had  confidence.  Herbert  H.  Hayden  is  the  man.  He 
had  the  motive,  the  means  and  the  opportunity.  He  cannot  satis- 
factorily account  for  himself  at  the  time  of  the  girl's  death,  and  has 
involved  himself  by  his  statements  and  contradictions  in  endeavor- 
ing to  do  so.  The  girl  could  not  have  killed  herself.  No  knife  was 
found.  The  nature  of  the  wound  in  the  throat  proved  it  an 
impossibility.  There  was  no  blood  on  her  hands.  Her  declarations 
to  her  sister  show  that  she  had  a  different  motive  in  going  into  the 
woods — to  take  "quick  medicine." 

Professor  Johnson  found  nearly  ninety  grains  of  arsenic  in  Mary 


THE    ARGUMENTS.  139 


Stannard's  body.  It  permeated  nearly  all  the  organs.  It  could  not 
*have  been  introduced  into  the  body  after  death,  because  the  experts 
say  that  it  could  not  have  been  carried  to  the  brain  by  absorption 
between  the  time  the  body  was  buried  and  re-exhumed  for  the 
purpose  of  investigation.  Professor  Johnson  found  the  seeds  of 
blackberries  in  the  dead  girl's  stomach.  The  remains  of  the  black- 
berries were  discovered  in  the  stain  of  blood  beneath  the  body. 
This  showed  conclusively  that  the  action  of  the  arsenic  had  induced 
vomiting,  and  the  stomach  had  partially  ejected  the  berries.  Who 
bought  the  arsenic  ?  Hayden.  He  secretly  visits  Middletown, 
starting  very  early  in  the  morning,  and  returns  secretly.  He  tells 
no  one.  He  goes  to  a  store  where  both  employer  and  clerk  say 
that  they  did  not  recognize  him.  He  had  passed  a  drug  store  in 
Madison  on  the  previous  day,  before  he  had  heard  Mary's  story,  and 
had  bought  no  poison.  So  far  as  is  shown,  he  was  the  only  person 
in  Rockland  who  had  the  means  of  death  in  his  possession,  and  he 
bought  it  just  six  hours  before  the  death  of  the  girl. 

After  a  Middletown  paper  had  announced  that  Mr.  Hayden  had 
been  seen  in  Middletown,  and  had  been  to  a  drug  store  and  bought 
some  poison,  the  body  was  disinterred  and  examined  for  the  purpose 
of  determining  whether  it  contained  the  same  kind  of  poison  that 
Hayden  had  bought.  Then  Mr.  Hayden  found  it  necessary  to 
account  for  the  ounce  of  arsenic.  He  accounted  for  it,  how  ?  On 
the  14th  of  September  his  premises  were  searched.  On  the  i8th  of 
September  Sheriff  Hull  is  asked  :  "  Did  you  search  the  barn  ? "  and 
answered  :  "  No  ;  I  did  not  go  there."  Mr.  Hayden  was  then  led 
to  infer  naturally  that  no  one  had  looked  into  the  barn.  The  paper 
wrapper  of  the  ounce  of  arsenic  that  he  bought  in  Middletown  can- 
not be  produced.  It  is  gone — scattered  to  the  winds.  He  says  he 
threw  it  into  his  shavings  barrel.  That  is  the  first,  last  and  only 
time  that  ever  a  sane  man  purchased  poison,  with  the  warning  label 
upon  it,  and  l)efore  he  gets  ready  to  use  it  takes  it  out  of  the  original 
package,  destroys  the  package,  and  puts  the  poison  in  a  tin  box  on  a 
beam  in  his  barn,  where  any  person  might  have  found  it,  and,  with- 
out Avarning  of  its  dangerous  nature,  be  likely  to  use  it  as  sugar  or 
salt.  I  do  not  think  such  a  thing  was  ever  done  before,  and  we 
believe  we  have  shown  you  that  it  was  done  for  the  purpose  of 
fabricating  a  defence.  After  the  i8th  of  September,  when  Mr, 
Hayden  supposed  the  barn  had  not  been  searched,  he  goes  upon  the 


140 


THE    ARGUMENTS. 


stand  and  says  the  arsenic  is  in  the  tin  box  in  his  barn  on  the  girder. 
Now,  let  us  see — was  it  there  ?  General  Wilcox  says  it  was  not 
there.  He  carefully  searched  the  barn  on  the  14th  and  did  not  find 
it.  He  carefully  felt  along  the  girder,  and  swears  that  there  was  no 
tin  box  there.  Ten  days  after  Wilcox's  visit  Mr.  Hayden  first  said 
that  he  had  i)laced  it  there,  and  on  the  same  night  Talcott  Davis 
says  he  found  it. 

Mr.  McKee,  a  druggist  of  Middletown,  says  that  he  bought  two 
pounds  of  arsenic  on  May  20,  1878,  and  two  pounds  in  November. 
During  that  time  he  sold  two  half-pounds  to  Druggist  Tyler. 
Tyler  says  he  bought  the  last  half-pound  on  June  24.  Whatever 
arsenic  McKee  sold  in  September  and  October  was  taken  from  the 
same  two-pound  package  as  Tyler's  half-pound.  Sheriff  Hull 
bought  some  from  him  October  9.  Tyler  bought  a  ten-pound  pack- 
age in  New  York  on  July  27,  but  says  he  did  not  open  it  until  all 
the  other  was  sold.  This  package  was  opened  on  October  9,  when 
Hull  purchased  an  ounce.  George  A.  Tyler  swears  that  there  was 
none  in  the  bottle,  and  that  he  then  opened  the  fresh  package.  He 
says  that  the  last  of  the  McKee  arsenic  was  sold  to  a  Mr.  Colgrove 
about  the  last  of  September.  Colgrove  called  for  an  ounce,  and 
took  what  was  left  in  the  bottle.  The  experts  discovered  that  the 
package  bought  from  McKee  by  Sheriff  Hull  and  the  Colgrove 
arsenic  were  precisely  alike.  Tyler  swears  that  there  was  none 
placed  in  his  jar  between  the  time  of  his  McKee  purchase  and  the 
opening  of  the  package  bought  in  New  York.  Hayden  bought  his 
poison  of  Tyler  on  September  3.  It  was  three  weeks  before  Col- 
grove bought  his.  The  Hayden  arsenic  must  have  topped  the  Col- 
grove arsenic  in  the  jar,  and  it  must  certainly  have  been  a  portion 
of  the  arsenic  bought  by  Tyler  from  McKee.  The  experts  testify 
that  the  McKee,  Colgrove  and  stomach  arsenic  were  identical  in  the 
size  and  proportion  of  crystals.  The  crystals  of  the  barn  arsenic 
were  much  smaller  and  in  a  much  larger  proportion. 

What  was  the  motive  of  the  murder  ?  We  have  proved  beyond 
a  reasonable  doubt  that  Mary  Stannard  believed  she  was  approach- 
ing maternity.  She  had  some  reason  to  believe  so.  Mrs.  Studley 
says  that  the  Thursday,  Friday  and  Saturday  before  she  went  home, 
Mary  was  troubled  in  her  mind  ;  that  she  examined  her,  and  con- 
firmed her  suspicions.  She  determined  to  send  Mary  home.  She 
told  Mr.  Studley  that  Mary  was  in  trouble  and  proposed  to  go  home 


THE    ARGUMENTS.  141 


on  account  of  it.  Mary  told  Mr.  Studley  she  was  going  home  to 
see  Mr.  Hayden.  She  told  Mr.  Studley  she  would  like  to  have  him 
see  Mr.  Hayden.  She  did  not  want  to  see  any  other  man  than  Mr. 
Hayden.  When  she  gets  home  she  tells  her  sister  what  her 
symptoms  are.  Her  sister  examined  her,  and  reached  the  same 
conclusion.  Mary  tells  her  sister  that  she  has  come  home  to  see  Mr. 
Hayden,  to  get  him  to  help  her  out  of  her  trouble.  She  had  been  a 
mother  once  before,  and  thought  she  knew  the  meaning  of  the 
symptoms.  All  women  in  such  trouble  go  to  the  man  who  caused 
it.  Mary  did  so.  She  wrote  him  the  letter.  If  the  letter  had  been 
addressed  to  any  other  man  than  Mr.  Hayden,  she  would  have 
sought  that  man.  She  was  secretive  about  it.  She  asked  her  sister 
to  say  nothing  about  it  to  her  father.  After  two  attempts  she  finally 
saw  Hayden  on  Monday  afternoon  in  his  barn.  Two  respectable 
witnesses  saw  them  enter  the  barn.  Mrs.  Hayden  denies  it,  but  there 
was  no  reason  why  these  two  neighbors  should  perjure  themselveSo 

Both  these  parties  were  poor,  and  concealment  was  important  to 
them.  One  thing  they  could  do.  Possibly  an  abortion  might  be 
committed,  so  that  no  one  could  know  of  it  but  Mary  and  Mr. 
Hayden.  It  is  not  the  first  time  that  such  a  method  of  escape  has 
presented  a  temptation  to  a  man  finding  himself  in  such  a  fix.  But 
Mr.  Hayden  knew  that  such  an  effort  sometimes  fails,  and  death 
follows,  and  then  the  woman  lives  long  enough  to  tell  who  is  the 
author  of  her  trouble.  There  was  one  other  way  to  help  him  out, 
and  that  was  the  crime  of  murder.  That  is  safe,  if  not  discovered, 
so  far  as  the  world  is  concerned.  Mary  had  confidence  in  some- 
body who  gave  her  that  ninety  grains  of  arsenic.  She  could  not 
have  taken  such  a  quantity  in  her  food.  She  must  have  taken  it 
believing  it  was  medicine.  She  had  confidence  in  the  man  to  whom 
she  had  given  her  virtue,  and  that  man  was  Mr.  Hayden.  There  is 
no  evidence  of  any  other. 

We  have  proved  that  there  was  a  murder  committed,  that  ther^ 
was  a  motive  for  committing  it,  and  that  the  accused  man  had  an 
opportunity  to  commit  it.  What  reply  does  he  make  ?  He  denies 
it,  of  course.  The  State  has  proved  that  Mary  Stannard  was 
murdered,  and  that  Herbert  Hayden  had  a  motive  to  commit  that 
murder,  to  prevent  exposure  of  his  relations  to  her  ;  that  he  had 
private  interviews  with  her  ;  that  he  had  an  appointment  with  her  in 
the  woods  ;  that  he  did  that  murder,  and  that  from  that  time  he  has 


142 


THE    ARGUMENTS. 


involved  himself  in  a  labyrinth  of  contradictions.  Finally,  it  is 
morally  and  absolutely  impossible  that  any  other  man  than  Herbert 
H.  Hayden  is  guilty  of  the  awful  crime  of  sending  the  soul  of  Mary 
E.  Stannard,  unprepared  and  unwarned,  before  the  judgment  seat 
of  her  INIaker. 

Samuel  F.  Jones  made  the  opening  argument  for  the 
defence  : 

Mr.  Hayden  Avas  in  Rockland,  a  young  man  of  twenty-eight. 
Up  to  the  3d  of  September  his  moral  character  was  above  reproach. 
He  was  stationed  over  a  little  church.  His  career  had  been  check- 
ered. He  had  married  early  ;  he  was  struggling  along,  clothed  in 
poverty,  and  by  the  force  of  poverty  and  ill  health  he  was  settled  in 
Rockland.  Hand  in  hand  he  and  his  wife  were  traveling  over  the 
stony  road  of  life.  Rockland  is  not  noted  for  its  intellectual 
products  or  for  its  love  for  the  clergy.  One  day  an  event  happened 
that  stirred  the  Stevens  family.  A  little  baby  was  born.  It  was 
another  addition  to  the  Hayden  family.  Mrs.  Luzerne  Stevens  was 
not  invited  to  officiate.  Mrs.  Hayden  sent  off  a  mile  and  a  half  for 
Mrs.  Talcott  Davis.  There  was  trouble  in  the  Stevens  household 
over  the  little  matter,  and  neither  Mrs.  Young  (Luzerne  Stevens's 
sister)  nor  Mrs.  Stevens  would  go  over  and  see  the  baby.  They 
stood  ready  to  pay  off  the  little  debt,  and  of  course  they  could  see 
a  hole  in  the  barn  on  the  day  before  the  murder  or  on  any  other 
day. 

Go  up  the  street.  We  find  there  Charles  Stannard,  a  stupid, 
clever  old  man.  We  have  no  suspicion  that  he  is  concerned  in  this 
crime,  and  desire  to  cast  none  on  him.  His  family  consisted  of 
himself,  Susan  Hawley,  Mary  Stannard — when  she  was  at  home — 
and  Mary's  little  boy.  The  boy  was  a  bone  of  contention.  When 
Susan  came  home  from  Ben  Stevens's  house,  Mary  was  compelled  to 
go  out  to  housework.  She  had  one  friend,  however,  in  fair  or  foul 
weather,  and  that  was  Mrs.  Hayden.  Mary  reciprocated  this  feeling 
and  visited  her  frequently.  On  the  day  before  the  murder  she  said 
that  she  could  not  stay  in  the  house  any  longer  without  coming 
down  to  see  Mrs.  Hayden.  Who  ran  the  Stannard  house  and 
controlled  it  ?  Who  stayed  there  nights  and  slept  on  an  old  sofa, 
provided  he  did  sleep  there  ?  Ben  Stevens.  Mr.  Stannard  was 
poor — poorer  even  than   Mr.    Hayden.      Stevens   brought  his  rum 


THE    ARGUMENTS  143 


there  Stevens  brought  his  meat  there  to  be  cooked.  Why?  What 
was  the  magnet  ?  Did  he  know  any  of  the  family  ?  Oh,  yes  ;  he 
knew  Susan  Hawley.  She  had  kept  house  for  him,  and  when  Mary 
left  and  she  came  home  we  find  Ben  Stevens  taking  the  next  train. 
He  was  worth  $15,000  to  $20,000.  I  don't  think  that  Stannard 
knew  or  cared  whether  he  slept  on  the  sofa  or  elsewhere.  Why  is  it 
that  he  was  so  intimate  that  he  felt  at  liberty  to  lop  down  on  a  bed 
anywhere  in  the  daytime  ?  It  is  strange  that  he  should  leave  his 
house,  his  son  and  daughter,  for  the  purpose  of  sleeping  on  an  old 
sofa  in  the  Stannard  house.  Possibly,  when  Mary  was  not  at  home, 
Susan  might  sleep  alone.  The  evidence  as  to  the  intimacy  of 
Stevens  with  Susan  is  far  more  clear  than  any  evidence  of  intimacy 
between  Mary  and  Mr.  Hayden.  The  body  was  found.  Who  could 
have  had  a  motive  ?  Susan  Hawley  sets  the  ball  in  motion.  She 
points  the  clue.  No  other  clue  is  followed.  Suppose  that  the 
hounds  had  been  put  on  Ben  Stevens's  track  instead  of  Hayden's. 
There  was  four  times  the  evidence  against  him.  Who  last  saw  her 
alive  ?  Who,  after  she  had  gone  into  the  woods,  took  the  highway 
home  in  the  hot  afternoon  instead  of  going  in  the  shade  ?  Who  was 
it  that  said,  afterward,  false  or  true,  that  he  had  found  a  club  with 
blood  and  hair  on  it  ?  Ben  Stevens.  He  did  not  remember  it,  but 
two  of  his  old  neighbors  did  remember  it,  and  he  himself  acknowl- 
edged that  he  refused  to  talk  with  them  because  he  was  afraid  of 
exposing  himself.  My  God  !  suppose  that  Hayden  had  said  that  he 
had  found  a  club  covered  with  hair  and  blood,  how  that  would  have 
been  thundered  in  your  ears  !  Every  means  that  ingenuity  and 
malice  can  contrive  has  been  used,  not  to  discover  the  real  perpe- 
trator of  the  crime,  but  to  convict  Mr.  Hayden.  The  prosecution 
tell  you  they  wanted  to  be  fair.  Did  they  want  to  be  fair  when  they 
secretly  sent  Dana  to  England  and  put  a  padlock  on  his  mouth  on 
his  return,  and  placed  a  Yale  lock  on  the  mouths  of  his  assistant 
professors?  Why  was  this  done?  It  was  done  in  order  that  the 
defence  might  not  make  similar  preparations  to  meet  his  testimony. 
Don't  talk  to  me  about  fairness.  "  By  authority  of  the  State  of 
Connecticut,'  said  Sherift  Hull,  "I  demand  that  you  shall  deliver  up 
that  arsenic  under  penalty  of  the  law."  Now  you  have  got  it  let  us 
hope  you  don't  tamper  with  it.  Why  keep  your  objects  a  secret  ! 
V^'hy  not  say  :  ''  Mr.  Jones,  we  have  found  arsenic  ;  you  select  your 
expert  and  we  will  select  ours,  and  see  whether  we  cannot  get  at  the 


144 


THE    ARGUMENTS. 


bottom  of  this  crime."  That  would  have  been  fair.  Thank  heaven 
that  Hull  did  not  get  hold  of  the  clothing  !  Had  he  done  so,  God 
alone  knows  what  the  prosecution  would  have  found  ! 

As  to  General  Wilcox,  who  furnishes  the  much  needed  testimony 
that  the  tin  bo.\  of  arsenic  was  not  in  the  barn  when  Mr.  Hayden 
says  it  was,  where  did  he  get  his  title  of  General  ?  He  is  a  profes- 
sional detective,  and  his  testimony  that  he  examined  that  barn  on 
September  14,  1878,  is,  I  believe,  a  coined  and  manufactured  lie. 
Why  was  ir  furnished  at  so  late  a  day  ?  Because  it  was  a  little  link 
in  the  testimony  that  was  wanted,  and  its  introduction  was  not  made 
until  after  General  Wilcox  had  had  an  opportunity  to  go  up  and 
examine  the  barn,  and  inform  himself  on  the  appearance  of  it.  But 
did  he  know  anything  of  the  condition  of  that  barn  on  September 
14,  when  he  says  he  was  there  ?  On  the  contrary,  he  was  mistaken 
about  what  was  there,  for  the  very  reason  that  he  did  not  go  until 
long  after  the  time  referred  to  by  Mr.  Hayden.  It  is  very  strange 
that  he  kept  quiet  about  his  important  testimony  until  a  very  recent 
time,  while  he  knew  it  was  an  important  point  for  the  State.  The 
explanation  of  his  delay  is  that  he  had  not  made  any  such  visit 
until  about  the  time  that  he  swore  to  it. 

As  to  the  alleged  letter  of  Mary  Stannard  to  Susan  Hawley,  Mr. 
Jones  argued  that  there  was  no  evidence  that  it  was  Mary's  letter, 
and  he  asked  the  Court  to  charge  that,  even  if  it  was  Mary 
Stannard's  letter,  it  could  not  be  used  against  Mr.  Hayden,  or  as 
evidence  of  his  relations  to  her.  As  to  the  blood  on  Mr.  Hayden's 
knife,  he  scouted  the  idea  that  Mr.  Hayden  would  have  kept  that 
knife  in  the  way  he  did  keep  it  if  he  had  used  it  to  commit  a 
murder.  As  to  the  testimony  of  Mrs.  Ward  that  she  saw  a  man, 
which  the  State  claims  was  Mr.  Hayden,  going  toward  the  spot 
where  Mary  was  murdered,  there  is  not  the  slightest  pretence  that 
she  identified  Mr.  Hayden.  The  State  makes  the  absurd  claim  that 
it  must  have  been  Mr.  Hayden  because  it  was  nobody  else.  Is  it 
likely  that  Mr.  Hayden,  who  was  about  to  commit  a  murder,  would 
put  himself  in  the  way  to  be  seen  ? 

Passing  to  the  testimony  of  Susan  Hawley,  Mr.  Jones  began  by 
asking  the  Court  to  charge  that  nothing  in  her  declarations  of  what 
was  said  to  her  by  Mary  Stannard  prior  to  the  time  that  Mary  went 
into  the  woods,  and  as  to  the  purpose  for  which  she  was  going  there 
to  meet  Mr.  Hayden,  could  be   received   bv  the  iury  as  evidence 


THE    ARGUMENTS.  145 


against  Mr.  Hayden.  He  claimed  that  the  testimony  to  prove  where 
Mr.  Hayden  was  and  why  he  went  there  must  come  from  some  other 
source. 

As  Mr.  Jones  began  to  criticise  Susan  Hawley's  character  and 
testimony  rather  severely,  Susan  got  up  and  left  the  court  with 
downcast  mien  and  flushed  face,  accompanied  by  her  half  sister, 
Imogene  Stannard.  She  had  been  proved  guilty  of  several  lies. 
She  said  she  lied  to  her  father  when  she  said  Mary  had  come  home 
because  her  boy  was  troublesome.  Then  it  was  exceedingly 
improbable  that,  when  Mary  Stannard  was  going  away  from  home  to 
get  an  abortion  committed  at. 2  o'clock,  she  should  have  made  an 
arrangement  to  come  back  and  help  do  the  baking,  and  then  after 
that  to  go  out  and  take  a  walk. 

The  State  has  been  literally  plundered  by  the  witnesses  for  the 
prosecution.  With  all  the  testimony  that  the  prosecution  could 
rake  together,  the  public  mind  must  be  kept  fired  by  outside 
influences.  Many  of  the  jurymen  must  come  from  New  Haven,  and, 
if  possible,  they  must  be  prejudiced.  So  it  was  published  to  the 
world  that  a  tiny  piece  of  steel  that  would  fit  a  nick  in  the  Hayden 
knife  was  found  in  the  dead  girl's  gullet.  The  prosecution  deny 
that  they  were  responsible  for  the  publication.  But  who  did  it  ? 
One  who  acted  in  their  interest,  an  enemy  to  Mr.  Hayden.  His 
l)urpose  was  self-evident.  It  was  to  convict  Mr.  Hayden.  So  much 
for  the  efforts  of  the  prosecution. 

The  State  started  out  with  a  superabundance  of  theories.  Some 
were  stillborn  ;  others  had  a  very  brief  existence.  The  boot-heel 
theory  died  from  an  overdose  of  public  policy.  Then  there  was  the 
line-of-sight  theory.  Mrs.  Hayden  has  testified  that  she  saw  her 
husband's  carriage  in  the  road  above  the  spring.  Surveyor  Butler, 
on  behalf  of  the  prosecution,  swore  that  the  line  of  sight  was  from 
fourteen  to  forty  feet  in  the  air  at  that  point  Fortunately  the  jury 
went  out  to  Rockland,  and  from  actual  observation  convinced  them- 
selves that  Mrs.  Hayden  was  correct.  The  case  was  started  on  the 
theory  that  the  girl  had  killed  herself  because  she  was  about  to 
become  a  mother.  Dr.  Matthewson  made  an  examination,  and 
found  no  such  evidence.  There  was  not  a  scintilla  of  proof  that 
Mr.  Hayden  had  ever  been  intimate  with  her.  Take  the  stories 
about  the  oyster  supper.  If  he  was  going  to  see  Mary,  would  he 
follow  right  on  the  heels  of  her  brother  and  sister  ?     He  had  given 


146  THE    ARGUMENTS. 


her  no  presents,  and  no  meetings  were  proved.  Above  all,  she  was 
in  no  danger  of  becoming  a  mother. 

Now,  gentlemen,  I  want  you  to  suppose  that  the  girl  was  pure. 
Suppose  that  Mr.  Hayden  had  been  criminally  intimate  with  her 
five  months  before  that  time,  the  3d  of  September  ;  suppose  that 
she  thought  she  was  about  to  become  a  mother,  and  that  she  went 
through  a  supposed  hole  in  the  barn  and  had  a  private  interview 
with  the  accused,  she  would  say:  "Mr.  Hayden,  I  am  in  trouble." 
He  would  reply:  "  What  makes  you  think  so  ?"  In  answering,  she 
acknowledged  that  an  infallible  sign  of  nature  pointed  otherwise. 
Do  you  suppose  that,  after  receiving  this  information,  any  man  in 
God's  world  would  have  rushed  off  to  Middletown  to  buy  arsenic  to 
put  the  girl  out  of  the  way  ?  Even  if  her  suspicions  were  correct, 
he  would  have  given  her  fifteen  dollars  and  sent  her  over  to  New 
Haven  for  a  special  purpose.  The  theory  will  not  hold  water.  If 
he  took  that  girl's  life  he  must  have  done  it  because  she  was  trying 
to  levy  blackmail  upon  him  ;  and  if  you  prove  the  girl  a  liar  your 
case  is  gone,  bob  and  sinker.  The  prosecution,  through  Mr.  Root, 
tells  you  that  Mr.  Studley  said  that  Mary  was  approaching  maternity. 
Justice  Wilcox,  before  whom  Mrs.  Studley  testified,  denies  this.  To 
be  sure,  Mary  was  sent  away  from  Mr.  Studley's  for  some  reason.  It 
may  be  because  her  child  made  trouble.  If  so,  it  is  not  competent 
for  us  to  prove  it.  The  prosecution  may  do  so  ;  we  cannot.  Mary 
Stannard  gave  this  reason  to  Susan  and  to  her  father,  and  Edgar 
Studley  admitted  that  he  had  said  that  her  boy  was  the  worst  boy 
that  he  ever  saw.  Why  did  she  leave  her  clothes  at  Mrs.  Studley's  .■• 
Did  she  have  anything  to  do  with  anybody  in  that  house  ?  Perhaps 
Mother  Studley  had  good  reasons  of  her  own  for  wishing  her  to 
return  home.  I  shall  ask  the  Court  to  charge  that  the  testimony  of 
Mrs.  Studley,  as  detailed  by  the  reporter,  Mr.  Root,  the  testimony  of 
Susan  Hawley  in  reference  to  the  statement  of  the  deceased  girl  as 
to  what  Mary  believed  to  be  her  condition,  was  admitted  for  the 
purpose  of  showing,  what  Mary  supposed  her  physical  condition  to 
be,  and  cannot  be  used  by  the  jury  in  finding  whether  Hayden  was 
the  cause  of  the  supposed  condition,  or  whether  Hayden  committed 
the  crime  for  which  he  is  upon  trial.  You  can't  get  testimony  in 
for  one  purpose  and  use  it  for  another. 

Mr.  Jones  then  analyzed  the  evidence  that  the  State  had 
furnished  bearing  on  the  guilt  of  Hayden.     He   hoped  that,  even  if 


THE    ARGUMENTS. 


147 


a  man  had  a  domestic  in  his  house,  he  could  visit  it  after  nightfall 
to  put  his  children  to  bed  without  being  accused  of  harboring  an 
improper  purpose.     No  feeling  on  Mr.  Hayden's  part  against  Mary 
Stannard  was    shown.      He   was    not    even    at    the    spot   where  the 
murder  was   committed,  and    he    was  not    seen    either  going  to  or 
returning  from  that  spot.     He  did  not  try  to  avoid  an  investigation. 
He  has  neither  said  nor  written  anything  that  can  fasten   suspicion 
upon  him.     There  was  no  evidence  of  guilt  on  his   clothes.     There 
were  no  footprints.     There  was  nothing  in  his  conduct,  either  before 
or  after  the  girl's  death,  that  could  tend  to  criminate  him.     Summed 
up,  the  evidence  for  the  prosecution  amounts  to  this  :  That  some- 
body said  that  somebody  else  said    that  Herbert  H.   Hayden  was 
criminally  intimate  with   Mary  Stannard.     There  was  no   occasion 
for  him  to  tell  the  story  concerning  the   purchasing  of  the  arsenic. 
The   druggist,  Tyler,   did  not  know   him.      The   presence   of    the 
arsenic    in    the   girl's    stomach    could    not    tell   against    him.      Any 
designing  man  could  have  placed  it  there  after  death.     Any  man  in 
Dr.  White's  confidence  could  have  put  half  a  pound  of  the  poison 
in  the  stomach  while  it  was  canned  in  the  Yale  Medical  College. 
Professor  Johnson,  an  honest  expert,  would  not  undertake  to  say 
when  it  was  placed  there.     Stannard  or  Stevens  could  have  done  it. 
Does   it   look    as  though   Hayden    purchased  the   arsenic  Avith  an 
improper  purpose  ?     If  he  meant  to  kill  the  girl,  he  could  not  have 
contemplated  it  before  she  had  told  him  of  her  situation.     Yet  he 
was   talking  with    Thomas    Pendelow  about   buying  arsenic  a  full 
month  before  her  death.     If  he  is  guilty,  why  should  he  go  to  the 
very  drug  store  which  he  was  in  the  habit  of  patronizing  ?      He 
would  have  been  in  some  by-place,  getting  a  little  boy  to  purchase 
the  arsenic  for  him.     His  conduct  on  the  afternoon  of  the  murder, 
reading  his  wife's  letter,  lying  on  the  floor  and  playing  with    his 
child,  shows    that   he   could   not   have    had    murder   in   his  heart. 
Then,  again,  Mr.  Hayden  is  an  educated  man.     Whoever  put  that 
arsenic  in  the  girl's  stomach  was  not  an  educated  man.     He  had  no 
idea  of  a  fatal  dose.     We  don't  know  how  it  got  into  her  stomach, 
but  we  can  easily  conceive  that  it  might  have  been  given  to  her  at 
dinner.       Mary   Stannard's  -letter  to   Susan   Hawley  was   no  proof 
against  Mr.  Hayden.     Susan's  refusal  to  write  her  sister's  name  in 
court   was   a   suspicious   circumstance.     The   signature   was    Mary 
Stanard,  and  only  one  '  n  "  at  that.     The  girl's  name  was  Mary  E. 


148  THE    ARGUMENTS. 


Stannard.  Which  would  be  the  most  likely  to  leave  out  the  "  E  " 
and  the  "  n,"  Susan  Hawley  or  Mary  E.  Stannard  ?  The  name  in 
the  postscript  was  originally  written  "  Hazley  "  or  "  Hayley,"  and 
this  circumstance  has  not  been  explained. 

[The  letter  referred  to,  which  Susan  Hawley,  half-sister  of  Mary 
Stannard,  testified  was  sent  to  her  by  Mary  to  be  delivered  to  Mr. 
Hayden,  was  never  given  to  him,  because,  the  witness  said,  Mary 
came  home  and  said  she  would  see  him  herself.  Susan  testified  that 
she  gave  the  Hayden  letter  back  to  Mary,  who  destroyed  it.  But 
Susan  kept  the  letter  addressed  to  herself,  and  the  only  thing  in  it  of 
importance  in  the  trial  was  the  following  postscript,  written  with  a 
lead  pencil  : 

do  not  let  farther  see  this  I  want  you  to  give  this  letter  to  Mr.  hayden  and 
don't  let  any  body  see  it  and  I  will  tell  you  what  it  is  for  some  day.  You  give  it 
to  him  your  self, 

Don't  read  this  to  farther 

The  name  "hayden"  was  not  clear;  the  "y"  looked  so  much 
like  a  "z  ;"  the  "d"  was  a  distinct  "1;"  and  there  was  a  loop 
below  the   last   letter  "  n  "  as  if  it  might  have  been   first   written   a 

Mr.  Jones  then  paid  his  respects  to  the  professors.  "  Scientific 
evidence,"  he  said,  "is  the  most  dangerous  of  all  evidence."  He 
read  extracts  from  various  authorities  to  prove  this  assertion.  "  If 
any  scamp,"  he  said,  "wants  to  sell  a  silver  mine,  he  will  dig  for 
Yale  College  to  get  expert  testimony."  He  then  scathed  Mr.  Waller 
for  his  conduct  toward  Mrs.  Hayden  in  asking  her  whether  she 
would  deny  her  God  to  save  her  passionately-loved  husband. 
Referring  to  the  Rev.  Mr.  Gibbs,  he  accused  him  of  lying,  and  said 
that  he  pitied  the  miserable  creature. 

After  solemnly  impressing  upon  the  jury  their  duty  to  give  the 
accused  the  benefit  of  every  doubt,  he  said  that  the  testimony  of 
Ben  Stevens  is  contradicted  by  at  least  fifteen  different  witnesses. 
Mr.  Jones  next  considered  the  alleged  contradictions  of  Mr. 
Hayden.  He  accounted  for  the  apparent  length  of  time  consumed 
by  Mr.  Hayden  in  his  work  in  the  wood  lot  by  saying  that  he  was 
not  working,  as  the  witnesses  for  the  prosecution  were,  to  see  how 
quickly  he  could  do  it,  but  was  working  leisurely,  as  a  man  naturally 
would  in  doing  such  work,  with  nothing  specially  to  hurry  him. 

With  reference  to  the  apparent  contradiction  of  Mr.  Hayden  in 


THE    ARGUMENTS.  149 


the  testimony  of  Mr.  Eldridge  that  Mr.  Hayden  had,  in  conversa- 
tion with  him,  shown  a  knowledge  of  Mary  Stannard's  condition, 
Mr.  Jones  said:  "Even  if  Mr.  Hayden  did  know  as  much  about  that 
as  Mr.  Eldridge  says  he  did,  it  is  really  in  his  favor,  because  then 
he  had  less  motive  to  kill  the  girl.  The  more  you  can  make  him 
acquainted  with  the  actual  physical  condition  of  Mary  Stannard,  the 
less  motive  he  had  to  kill  her." 

In  conclusion,  he  said  :  "  Take  the  history  of  this  man's  life ; 
take  his  family  surroundings  ;  take  his  family  condition  ;  take  his 
conduct  at  Madison  ;  take  his  conduct  when  the  body  was  found  ; 
take  his  conduct  in  the  purchase  of  the  arsenic  and  everything  con- 
nected with  it.  The  idea  that  he  had  anything  criminal  in  his  mind 
when  the  arsenic  was  bought  is  preposterous.  I  leave  him  with 
you  twelve  honest  men,  and  I  leave  him  with  confidence,  but  not 
without  invoking  upon  his  head  that  prayer  which  I  once  heard 
invoked  on  another  :  '  May  God  grant  to  thee  a  safe  deliverance.'" 

Thomas  M.  Waller  followed  in  an  address  to  the  jury  for  the 
State: 

We  are  trying  for  the  murder  of  that  frail  girl  a  minister  of 
God's  gospel.  And  the  presumption  is  that,  because  he  is  a 
minister,  he  may  be  innocent.  I  say  a  minister,  and  I  say,  gentle- 
men, that  it  is  a  profession  that  every  decent  man  in  the  community 
will  bow  to.  I  respect  the  poor  minister  as  well  as  the  rich  one  ;  as 
well  they  that  work  in  the  rocky  places  as  those  who  labor  in  the 
crowded  cities. 

"  A  man  he  was  to  all  the  country  dear, 
And  passing  rich  on  forty  pounds  a  year. 

But,  gentlemen,  all  ministers  are  not  good.'  God  pity  them. 
There  are  those  that  are  unchaste  and  that  commit  crimes.  When 
Christ  selected  his  twelve  disciples  there  were  two  that  betrayed 
him  ;  Peter,  who  was  weak,  and  Judas  the  betrayer.  None  can  tell 
today  whether  the  bad  men  in  God's  flock  are  the  least  or  the 
greater.  If  you  look  upon  this  testimony  as  I  do,  I  trust  you  will 
find  a  verdict  in  accordance  with  the  facts. 

Mary  arrives  home  on  that  pleasant  September  afternoon.  She 
does  not  go  to  Mr.  Hayden's  house,  because  she  knows  he  is  not  at 
home.  She  starts  early  on  Monday  morning,  but  she  sees  Mrs. 
Hayden  and  not  the  man,  and  Mrs.  Hayden  says  she  tells  her  that 


ISO 


THE    ARGUMENTS. 


she  wanted  to  see  the  baby.  Back  home  she  goes  ;  between  ten  and 
eleven  o'clock  she  returns,  but  does  not  find  him  at  home  at  this 
time.  At  three  o'clock  she  finds  another  excuse  to  go  down  to 
Hayden's.  She  has  been  there  twice  before.  Does  she  see 
Hayden  ?  Yes,  she  does.  She  goes  with  him  to  the  barn,  and  Mrs. 
Young  sees  her  go.  She  goes  to  see  him  alone.  Henrietta  Young 
tells  the  truth,  and  Rachel  Stevens  tells  the  truth,  though  it  may 
wring  your  hearts.  She  meets  him  in  the  barn.  You  can  hear  her 
say  to  him  :  "  I  am  pregnant ;  my  breasts  are  hard  ;  what  can  you 
do  for  me?  "  He  thinks  of  three  things.  One  is  confession  ;  but  a 
confession  will  damn  him  forever  ;  if  he  confesses,  he  loses  his 
place  and  damns  his  wife  and  children.  What  next  ?  He  thinks  of 
abortion  ;  but  oh!  the  danger  of  exposure  !  The  devil  wrestles  with 
him  ;  it  must  be  death  !  death  !  death  !  He  hears  her  story.  He 
says  to  himself,  I  will  do  no  work  tomorrow.  A  man  says,  I  want 
you  to  work  for  me.  He  says,  I  can't  go  tomorrow,  I  will  go 
Wednesday.  He  leaves  his  house  on  Tuesday  morning  without 
telling  his  wife  where  he  is  going.  He  takes  a  molasses  jug  and 
starts  for  Durham.  Does  he  ask  for  arsenic  there  ?  No  ;  he  goes 
to  Middletown.  Will  he  see  any  one  that  knows  him  for  a  minister  ? 
No.  Will  he  know  the  druggist  ?  No.  He  will  get  his  arsenic 
where  he  is  not  known.  He  meets  a  Rockland  boy  ;  what  now  ? 
The  devil  puts  it  in  his  head  to  go  to  Mr.  Burton's.  W^ell,  he  is  in 
doubt  about  that  girl's  condition,  and  he  Avill  ask  a  doctor.  He  sees 
Dr.  Bailey,  and  he  don't  tell  him  that  he  has  got  the  girl  in  a  family 
way.  He  inquires  about  the  symptoms  of  his  wife.  Back  he  goes 
on  the  Middletown  road,  and  he  stops  at  Stannard's.  Uncle  Ben  is 
there  ;  Charles  Stannard  is  there  ;  how  shall  he  see  Mary  ?  He 
asks  for  a  drink  of  water  and  gets  it.  Mary  starts  for  the  spring  ; 
now  he  will  get  an  opportunity  to  speak  with  her.  He  puts  his 
children  in  the  buggy  and  starts  down  the  hill  ;  he  meets  Mary  near 
the  spring.  He  wants  a  drink  of  water,  does  he  ?  Mary  cannot  lift 
that  little  pail  ;  he  could  not  bend  over  and  lift  it  up.  No  ;  he 
clambers  over  the  oats  in  front  of  him,  gets  out  and  talks  with  Mary. 
He  says  he  did  not.  What  does  Mary  say  ?  She  tells  Susan  that 
Hayden  has  been  to  Middletown  and  got  some  "  quick  medicine," 
and  he  is  to  meet  her  at  the  Big  Rock.  Do  you  believe  him  when 
he  says  he  did  not  know  that  that  monarch  rock  stood  up  there  in 
the  woods?     Yet  he  leads  the  men  around  the  pathway  after  the 


THE    ARGUMENTS.  151 


murder.  Well,  Mary  says  she  is  going  to  get  blackberries,  and  we 
leave  her  for  awhile,  and  go  back  to  the  spring,  and  go  home  with 
that  man.  He  has  the  arsenic.  Who  knows  where  it  is  ?  Nobody 
but  he.  He  is  to  meet  that  girl  at  one  o'clock.  He  will  start  out 
innocently  on  his  bloody  errand,  and  he  leaves  at  one  o'clock.  He 
says  it  was  later,  but  he  had  previously  told  six  men  on  a  jury  panel 
that  he  started  at  one  o'clock.  If  he  said  so  at  that  time  he  thought 
so  ;  and  not  knowing  what  he  would  finally  have  to  meet.  Now, 
how  does  he  go  ?  He  does  not  tell  his  wife  that  he  has  got  the 
knife  or  the  arsenic  in  his  pocket.  Mrs.  Hayden  says  he  did  not 
take  the  knife.  She  wanted  to  use  it.  She  says  also  that  she  had  a 
letter  to  write  that  afternoon.  Did  she  write  that  letter  and  peel  the 
pears  on  that  afternoon  ?  No,  gentlemen.  He  says  he  starts  out 
with  his  children,  but  nobody  sees  them.- 

Let  us  follow  the  steps  of  him  who  was  doomed  to  go  over  the 
precipice,  where  the  devil  had  thrust  him.  He  starts  with  children, 
and,  when  they  get  to  a  certain  corner,  he  turns  tiiem  back.  His 
wife  sees  him,  if  she  was  at  the  window.  He  will,  of  course,  go  to 
the  wood  lot  if  his  wife  is  looking.  He  will  not  turn  back  while  she 
is  sitting  at  the  window.  He  gets  there,  and  thinks  he  will  pass  the 
time  in  throwing  up  the  wood  until  his  wife  has  turned  from  the 
window.  She  is  gone,  and  he  turns  back  again  through  the  bushes, 
and,  quick  as  a  flash,  he  crosses  the  road  and  is  out  of  sight  in  the 
woods.  He  goes  to  meet  the  woman  that  is  pregnant  ;  he  goes  to 
meet  the  woman  to  whom  he  is  to  give  the  arsenic.  He  has  left  his 
home,  kissed  his  wife,  and  he  that  has  put  on  the  vestments  of 
chastity  is  about  to  kill  the  woman  who  is  a  mother.  It  is  half-past 
two,  and  he  meets  her.  Oh,  Mary  Stannard  !  if  you  could  walk  into 
the  court-room  and  give  the  details  of  that  interview  between  you 
and  your  murderer  !  He  takes  out  the  arsenic  ;  he  does  not  place 
it  on  the  point  of  a  knife  ;  she  takes  it  and  a  burning  seizes  upon 
her.  You  can  hear  her  talk  to  him.  He  says:  Don't  cry  out,  Mary; 
the  pains  and  pangs  you  are  suffering  are  the  pains  and  pangs  of 
abortion.  The  look  of  the  man  may  have  frightened  her;  and,  as 
she  looked  into  his  face,  she  may  have  seen  that  he  intended 
murder;  and  she  screamed.  A  moment  after  she  was  dead.  She 
falls,  writhing  in  the  agonies  of  death  ;  and  he  takes  from  his 
pocket  a  keen,  sharp  knife  ;  his  sleeves  are  rolled  up,  and  he  thrusts 
that  knife  into  her  throat.     The   girl  is   dead,  and  the  devil  himself 


152 


THE    ARGUMENTS. 


must  have  been  amazed.  Now,  what  does  the  murderer  do  ?  He 
rushes  from  the  place,  and  at  the  nearest  brook  washes  the  knife ; 
washes  it  and  it  is  clean.  He  looks  at  his  shirt  and  there  is  no  blood 
upon  it.  There  is  a  little  dirt  in  the  groove  of  the  knife,  and  the 
least  particle  of  blood  remains  there.  There  are  only  fifteen 
corpuscles,  but  those  few  corpuscles  tell  of  his  guilt.  But  he  flees- 
God's  thunder  is  rolling  in  the  skies,  the  voice  of  the  same  God  that 
thundered  on  Sinai.  Where  does  he  go  ?  He  must  keep  away  from 
everybody  ;  he  must  get  back  to  the  wood  lot.  The  devil  is  behind 
him,  the  sheriff  is  behind  him,  the  gallows  is  behind  him,  and  he 
hurries  back. 

But  they  say,  gentlemen,  we  have  not  proven  any  intimacy. 
No,  we  haven't.  No  one  ever  saw  him  with  the  woman.  She  lived 
in  his  house  six  months,  and  do  you  say  that  crime  could  not  have 
been  committed  ?  What  do  we  prove  about  that  oyster  supper  ? 
Does  any  one  contradict  Charles  Hawley  and  Imogene  Stannard  ? 
One  good  woman  swears  that  she  was  at  that  supper,  and  she  knows 
Hayden  could  not  have  been  away.  Yet  she  admits  he  might  have 
been  up  stairs  forty  minutes  and  she  not  have  known  it.  Then 
comes  another  man  who  swears  that  he  saw  Hayden  at  just  eleven 
o'clock,  yet  he  cannot  tell  where  his  wife  was  or  what  he  was  doing_ 
Was  there  any  reason  for  Hayden  to  go  home  and  take  care  of  these 
children  that  night  ?  No.  Mary  was  there  ;  she  loved  the  children 
and  they  loved  her.     Weak,  feeble  excuse. 

Twelve  years  ago,  gentlemen,  there  would  have  been  differences 
in  this  case.  The  prisoner  could  not  have  testified  ;  the  wife  could 
not  have  testified.  I  have  been  charged  with  cruelty  by  some  of  the 
newspapers.  If  you  have  not  read  it  there  is  no  use  for  me  to 
speak  of  it.  I  say  now,  gentlemen,  what  I  said  then,  that,  if  a 
woman  believes  her  husband  to  be  innocent,  it  is  her  duty  to  say  so. 
If  my  wife  is  likely  to  starve  for  want  of  bread,  I  will  steal  it  for  her. 
God  himself  would  not  punish  me  for  it.  One  word  more.  It  is 
cruel  for  a  woman  to  testify.  If  a  wife  should  commit  perjury  for 
the  sake  of  her  husband,  I  don't  know  whether  she  could  be 
punished  or  not,  but  I  know  she  ought  not  to  be.  When  they  ask 
me  to  punish  a  woman  in  my  county  for  committing  perjury  to  save 
the  life  of  her  husband,  they  will  have  to  send  to  New  Haven 
county  for  somebody  to  do  it.  The  poor  woman  has  been  contra- 
dicted by  several  witnesses.     The  defence  have  charged  conspiracy 


THE    ARGUMENTS.  153 


to  murder  on  the  women  of  Stannard's  family.  They  have  charged 
it  on  Ben  Stevens.  What  is  the  motive  for  Uncle  Ben  to  commit 
the  murder  ?  Not  that  he  has  got  the  woman  in  the  family  way  •  he 
is  too  old  for  that.  There  is  no  reason.  The  counsel  on  the  other 
side  say  that  he  wanted  the  room  in  the  bed  with  Susan  Hawley 
that  Mary  Stannard  occupied.  So  he  went  up  into  the  woods  cut 
her  throat,  and  gave  her  the  arsenic.  What  folly  !  Ben  Stevens  is 
out  of  the  case.  Then  they  have  brought  up  Hazlett,  and  he  has 
gone  out  of  the  case.  What  was  there  for  a  motive  ?  1  can  see 
how  the  devil  can  take  a  man  and  lead  him  on  and  on  ;  but  how 
such  a  murder  can  be  committed,  and  then  come  into  court  and  try 
to  throw  it  on  some  one  else,  is  beyond  my  comprehension. 

Cientlemen,  I  leave  the  case  in  your  hands.  If  anything  has 
crawled  into  that  circle  of  yours  that  you  feel  to  influence  you,  go 
home,  and,  if  you  never  prayed  before,  pray  now  that  you  may  be 
forgiven.  Remember  that  unpunished  murder  takes  something 
from  the  security  of  the  people,  and  when  the  jury  allow:  a  guilty 
man  to  escape  they  add  to  the  insecurity  of  the  people.  I  cannot 
understand  why  the  law  is  so,  that  the  counsel  for  the  prisoner  can 
have  the  last  plea,  but  such  is  the  case.  Do  your  duty,  gentlemen, 
and,  if  you  are  led  to  a  verdict  of  murder  in  the  second  degree, 
approach  your  duty  without  fear.  Out  of  that  group  came  the 
victim,  and  if  you  wait  to  punish  criminals  without  affecting  the  wife 
and  children  you  will  wait  forever.  If  you  wait  to  see  guilt  in  the 
countenance  of  a  prisoner  tried  for  murder,  you  will  wait  forever. 
Gentlemen,  you  must  do  your  duty,  and  let  not  woman's  tears 
deprive  you  of  judgment.  Approach  your  duty  faithfully  and  leave 
the  consequences  to  God. 

George  H.  Watrous,  of  the  prisoner's  counsel,  made  the 
closing  appeal  to  the  jury  : 

The  vastness  of  this  testimony,  as  compared  with  the  littleness 
of  the  results,  can  be  best  expressed  by  a  school-boy's  quotation 
from  Horace  :  "  Verily  the  mountains  are  in  the  throes  of  child- 
birth and  a  very  small  mouse  is  delivered."  Truly  there  has  been 
great  labor,  and  what  has  been  the  result  ?  What  do  you  know  now 
about  who  killed  Mary  Stannard  ? 

On  the  3d  of  September,  1878,  Mary  Stannard  was  killed.  Her 
dead  body,  cold  and  motionless,  was  found  the  afternoon  of  that  day 


154 


THE    ARGUMENTS. 


up  in  the  woods.  That  she  committed  suicide  is  not,  in  my 
judgment,  probable.  That  she  might  have  committed  suicide  is  not 
at  all  impossible.  She  might  have  made  the  blow  on  the  head  her- 
self she  might  have  taken  the  arsenic.  But  I  do  not  lay  much 
stress  upon  the  theory  that  the  girl  committed  suicide.  Calling  it 
murder,  then,  you  are  to  look  for  the  facts  connected  with  that 
murder — not  probabilities,  but  facts.     Who  caused  that  death  ? 

The  State  hang  their  case  upon  the  theory  that  Mary  thought  she 
was  pregnant.  Take  the  rule  and  apply  it  with  common  sense.  I 
tell  you  Mary  Stannard's  condition  did  not  furnish  a  motive.  She 
was  no  more  in  the  family  way  than  either  of  you  twelve  men.  Sad! 
why,  she  was  always  sad.  She  was  always  sad  when  these  periodi- 
cals came  upon  her.  There  was  a  marked  diminution  in  the  flow  of 
her  spirits  at  these  times.  Said  good  Mrs.  Hayden  :  "  She  was 
always  sad  at  these  times."  Mary  supposed  a  good  deal  at  these 
times.     She  was  depressed  in  spirits. 

They.,  say  she  must  have  been  in  trouble  Decause  she  wrote  a 
letter.  There  wasn't  a  sign  in  Guilford  found  by  Mrs.  Studley,  and 
not  a  sign  in  Rockland  found  by  the  expert  Susan  ;  and  yet  they 
say  she  wrote  a  letter  to  Susan  and  enclosed  one  for  Hayden, 
alleging  paternity  ;  she  may  have  written  this  letter  and  she  may  not 
have  done  so. 

Isn't  it  singular  they  didn't  lay  in  a  letter,  incontestably  in 
Mary's  hand,  as  a  comparison  ?  No  ;  you've  got  Susan's  testimony 
that  Mary  said  she  wrote  the  letter.  I  wish  we  had  something  with 
which  to  make  a  comparison.  Beyond  a  reasonable  doubt  there  is 
no  motive  shown  on  the  part  of  the  accused.  That  letter  I  don't 
believe  Mary  wrote.  If  she  couldn't  spell  a  whole  word  in  the 
dictionary  right,  she  would  spell  her  own  name  right  ;  she  wouldn't 
leave  out  the  "E"  or  the  "n."  The  letter  is  important;  if  it 
doesn't  show  motive  against  Mr.  Hayden,  it  shows  motive  against 
the  guilty  man,  and  it  was  written  to  shield  him.  It  is  a  singular 
fact  that  Mary,  so  overwhelmed  and  compelled  to  write  a  letter  to  her 
alleged  seducer,  would  sit  down  and  write  a  letter  to  Susan  Hawley. 
It  is  signed  Mary  Stanard — they  call  it  Stannard.  I  call  your  attention 
to  the  fact  that  it  is  only  "Stanar" — there  is  no  "d."  "Don't  let 
father  see  it."  See  what  ?  The  fact  that  she  was  unwell  ?  "I  want 
you  to  give  this  letter  to  Mr.  Hayden."  Hayden  they  make  it  ;  I 
can't  make  it.     It  is  either  Hazley  or  Hayley  beyond  all  doubt. 


THE    ARGUMENTS.  155 


The  writing  of  the  letter  was  admitted  for  the  purpose  of  show- 
ing intimacy,  not  improper,  but  such  relations  as  show  it  possible  for 
her  to  write  a  letter  to  him  on  some  subject.  The  weight  to  be 
attached  to  it  is  as  if  I  should  write  a  letter  to  a  client  in  New 
York,  and  he,  showing  it,  should  claim  it  as  showing  the  relations 
between  him  and  me.  Some  say  that  she  went  to  Hayden's  house 
Sunday  ;  some  say  she  didn't  ;  I  don't  care  if  she  did.  Henrietta 
Young,  the  two-story  woman,  says  she  saw  her  ;  Mrs.  Luzerne 
Stevens  says  she  saw  her.  I  don't  think  it  wrong  for  a  girl  to  go  and 
see  her  pastor's  newly-born  child  ;  so  I  shall  cast  my  vote  for  Susan 
this  time,  and  say  Mary  left  the  house  at  an  early  hour.  Mrs. 
Hayden  sympathized  with  the  unfortunate  girl,  partly  because  she 
was  unfortunate — God  bless  her  for  it — and  she  wanted  to  see  the 
child.  Is  the  husband  of  this  woman  to  be  hung  because  Mary 
brought  the  ugly  boy  home,  and  because  she  went  to  draw  some 
comfort  in  her  distress  ?  But  the  State  says  you  must  read  between 
the  lines.  She  thought  she  was  in  trouble,  because  she  went  to  see 
Mrs.  Hayden  and  tried  to  see  Mr.  Hayden,  but  couldn't.  Didn't 
she  know  Mr.  Hayden  wasn't  there  ?  The  State  say  she  was 
familiar  with  the  house.  She  knew  his  habits  ;  she  knew  he  had 
been  preaching  in  South  Madison  for  a  year  or  more  ;  she  knew  he 
wasn't  there  ;  she  had  been  a  servant  in  the  house.  But  they  say 
she  went  again  because  she  hadn't  seen  Mr.  Hayden.  About  ten 
o'clock  her  father  sent  her  down  to  Stevens's  for  butter.  "There  is 
no  dispute  about  it,  he  did,"  says  the  State.  "  But  look  between 
the  lines."  Although  her  father  sent  her  for  butter  she  w«nt  some- 
where else.  This  is  as  absurd  as  the  other.  Impelled  by  a  sense 
of  filial  duty,  she  went  on  the  errand.  She  wasn't  sent  by  her 
father  to  see  Hayden  ;  she  knew  he  wasn't  at  home  at  that  hour- 
I  pray  not  to  visit  upon  Mary  the  many  foolish  and  wicked  things 
this  half-sister  Susan  has  stated  she  did.  She  didn't  get  the  butter, 
and  on  the  way  back  she  stopped  at  Hayden's  to  rest.  These 
attacks  upon  this  man  show  how  hard  driven  some  one  is  to  prove 
somehow  or  other  he  is  guilty.  Mary's  father  said  :  "  Stop  at  Mr. 
Hayden's  and  get  the  rake."  Sometimes  things  happen  to  fit  their 
environment.     Aren't  these  sufficient  motives  for  her  visits  ? 

Give  what  degree  of  credence  the  testimony  of  Hayden  deserves, 
but  don't  throw  it  entirely  aside.  In  that  house  was  Mr.  Hayden, 
Mrs.  Hayden  and  her  young  child.     Mr.  Hayden  had  just  put  up 


156  THE    ARGUMENTS. 


his  horse  and  sat  reading  his  paper.  Now,  I  don't  believe  Mrs. 
Hayden  invented  these  facts.  Mary  came  to  the  door  ;  Mr. 
Hayden  got  up  after  the  usual  salutation.  Mary  said  :  "  Father 
wants  to  borrow  your  rake."  He  said:  "  Yes,  you  can  have  it." 
He  laid  down  his  paper  and  Mary  took  the  baby  from  Mrs.  Hayden 
and  sat  down  with  it.  Both  Mr.  and  Mrs.  Hayden  testify  to  this  ; 
and  Mary  herself  would  say  so  if  she  could  look  down  from  heaven. 
He  went  to  the  barn  and  got  the  rake.  Mary  saw  him  coming  back 
and  said  :  "Mr.  Hayden's  coming  ;  what  shall  I  do  with  the  baby  ?" 
She  said  put  it  in  the  crib,  and  she  placed  it  there,  stepped  out  on 
the  veranda,  took  the  rake,  said  :  "  Are  you  in  a  hurry  for  it  ?"  or 
some  such  thing,  and  passed  on.  Now,  gentlemen,  this  is  true,  or 
Mrs.  Hayden  is  the  fiend  that  my  very  learned  friend  suggested 
upon  one  memorable  occasion  which  you  and  I  remember.  Did 
Mrs.  Hayden  and  Mary  rise  and  go  to  the  door  together  as  he  came 
from  the  barn  ?  There  is  no  doubt  about  it.  If  I  allowed  myself 
to  stand  here  and  argue  that  Mrs.  Hayden  would  not  commit 
perjury,  I  would  have  less  respect  for  myself  than  now.  Perjury? 
Thank  God,  you  have  seen  her !  Read  it  in  the  lineaments  of  her 
face?  You  might  as  well  read  Hebrew  there.  I  beg  her  pardon 
for  discussing  the  question.  If  she  is  honest,  gentlemen,  the  State's 
case  falls.  That  meeting  was  indispensable  to  the  events  of  the 
succeeding  day.  Credit  the  story  told  by  that  honest  woman,  and  I 
care  not  what^ou  think  of  the  rest  of  the  case. 

Now,  look  a  moment  at  that  question  of  whether  he  did  the 
deed.  Thus  far  the  question  of  Mary's  belief  as  to  her  physical 
condition  had  entered  into  the  treatment  by  the  speaker.  My 
eloquent  and  learned  friend,  soaring  in  his  eloquence  on  pinions 
high,  has  pictured  out  a  scene  of  felicity  in  the  cow  pasture,  at 
which  he  suggests  the  foundation  might  have  been  laid  for  a  motive 
for  the  crime  of  murder.  Possibly — I  say  possibly — such  a  meet- 
ing was  had.  But  it  is  not  to  weigh  a  second  here.  Any  one  of  the 
jury  may  meet  a  woman  in  a  pasture  lot  sometime  ;  but  the  State 
draws  a  purely  imaginary  picture  in  its  struggle  to  find  symptoms  of 
improper  intercourse.  My  client  went  to  Middletown.  He  bought 
arsenic.  That  is  true.  He  may  be  a  fool  for  telling  it  before 
anybody  knew  of  it,  but  the  fact  is  so.  Rats  infested  the  barn.  Mr. 
Hayden's  wife,  however,  was  averse  to  having  arsenic  in  the  house. 
But  by  and  by  the  choice  things,  the  preserves,  were  spoiled  by  the 


THE    ARGUMENTS.  157 


rats,  and  then  the  pastor  got  up  courage  to  buy  arsenic.  He  went 
to  Middletown,  coupHng  with  the  arsenic  errand  various  other 
objects  connected  with  his  household.  Oh  !  but  they  say  he  didn't 
tell  his  wife.  One  reason  was  because  he  wasn't  certain  about  going 
himself.  Another  was  that  she  was  ill  and  weak.  He  did  not  decide 
to  go  to  Middletown  until  after  he  had  reached  Durham.  Look  at 
the  whole  aspect  of  the  trip  and  the  man's  conduct.  Here  features 
were  alluded  to  as  showing  every  indication  of  innocence — of  any 
thought  of  crime.  Why,  if  the  thought  of  secresy  struck  him  later 
on  the  journey,  would  he  have  stopped  at  Burton's  for  the  tools,  or 
been  free  and  social  with  the  charcoal  peddler,  and,  as  it  were,  leave 
tracks  of  his  guilt  ?  He  certainly  took  most  extraordinary  freedom 
for  a  man  about  to  commit  an  atrocious  crime.  Was  there  anything 
in  his  course  or  behavior  throwing  the  least  shadow  of  secresy 
about  the  trip  !  If  he  had  the  thousandth  part  of  the  intellect  my 
friends  feel  obliged  to  credit  him  with  in  order  to  make  a  case, 
would  he  have  laid  himself  open  in  this  way  ?  I  have  frequently 
tried  criminal  causes,  but  I  have  never  in  my  experience — and  you, 
gentlemen,  will  bear  me  out — had  a  case  where  the  innocent  actions 
of  a  man  were  marshaled  as  evidence  of  guilt,  or  when  broad  day- 
light conduct  w^as  construed  as  evidence  of  guilt.  But  he  came 
down  the  street  toward  Stannard's.  Is  there  a  man  in  this  panel 
who  thinks  Hayden  stopped  there  in  pursuance  of  an  arrangement 
with  Mary  Stannard  ?  The  State  does  not  pretend  that  he  stopped 
there  for  a  glass  of  water.  He  was  too  near  home  for  that.  What 
did  he  stop  there  for  ?  As  he  came  down  the  road  he  says  his*  little 
girl  said  :  "  Papa,  I  want  to  ride  home."  Is  that  so  ?  Susan 
confirms  it.  The  old  man  Stannard  confirms  it,  and  it  is  one  of 
those  things  that  Ben  Stevens  does  not  happen  to  deny.  Now,  it 
would  be  a  mighty  lucky  coincidence  for  the'State  that  the  children 
were  there,  as  a  part  of  the  design.  But  that  won't  do.  Was  Mrs. 
Hayden  a  party  to  the  arrangement  for  killing  Mary  Stannard  ?  No 
one  has  the  hardihood  to  charge  or  insinuate  that.  No  ;  Mary  was 
up  the  way  by  the  Hayden  house,  and  the  children  were  sent  by  her 
to  go  to  the  Stannard  house  to  come  home  with  father.  Could  that 
father,  so  tender,  so  touching  to  those  children,  have  included  his 
offspring  in  a  plan  for  murder?  A  man  carrying  a  soul  like  that 
man  has  in  his  jacket  capable  of  such  a  damnable  scheme  ?  It  iS 
not   to  be  believed.     What  chance  for  an    assignment    with   Mary 


158  THE    ARGUMENTS. 


Stannard  ?  But  a  wink  or  a  nod  is  suggested.  Even  the  facile 
Susan,  who  could  read  between  the  lines  of  Mary's  visits  to  the 
Hayden  house,  even  she  saw  nothing,  no  wink,  no  nod,  no  snapping 
of  the  fingers,  and  even  Ben  Stevens  cannot  say  so.  Why  did  Mary 
go  privately?  There  was  occasion  for  water  in  that  family  just  at 
that  particular  time.  Mary  goes  after  the  water,  and,  on  the  way 
home,  Hayden  sees  her  and  the  cool,  pure  water,  and  was  his  thirst 
any  the  less,  and  why  not  allay  it  ?  But  he  got  out  of  the  wagon  to 
take  a  drink,  and  the  State  says  he  ought  to  be  hung  for  it.  If  he 
has  got  the  gallantry  to  get  out  of  the  wagon,  instead  of  the  infernal 
meanness  of  making  her  lift  the  heavy  ten-quart  pail  of  water  up  to 
him,  he  is  guilty  of  murder,  my  friend  says.  Ah  !  my  friend  says 
he  is  a  murderer  because  he  got  out,  instead  of  being  a  great  lazy 
lubber  and  forcing  the  girl  to  raise  it  up  to  him  by  main  strength. 
But,  it  is  said,  we  have  caught  Hayden  in  a  lie.  I  can  conceive  that 
a  man  might  tell  a  lie  about  a  matter  of  that  sort  and  yet  be  perfectly 
innocent.  He  might  reason :  I  am  suspected  ;  I'll  throw  it  away. 
Away  it  goes.  On  second  thought  he  says  :  Why,  how  stupid,  it 
was.  They  certainly  know  I  went  to  Middletown.  They  say  I 
went  after  "quick  medicine,"  and  it  will  be  easily  found  out  that  I 
bought  arsenic  at  Tyler's  drug  store.  I  shall  be  asked  where  it  is.  I 
say  I've  thrown  it  away.  I'll  get  some  more  and  replace  that  first 
quantity.  Innocent  men  do  just  such  foolish  things.  Take  the 
case  of  a  man  near  Dublin,  who  saw  the  dead  body  of  a  friend  on 
the  ground  with  a  fork  in  his  heart.  He  drew  it  out.  As  he  did  he 
became  covered  with  the  blood.  The  thought  flashed  upon  him  :  I 
shall  be  hung.  I'll  out  of  this.  He  took  off  the  clothes,  he  burned 
them  up  and  pretended  to  be  sick.  That  man  was  tried  for  the 
murder  of  that  comrade,  and  by  good  fortune  the  only  man  who 
knew  how  that  death  occurred  got  himself  on  that  panel  and  stood 
between  his  innocent  friend  and  death.  I  don't  say  that  Hayden 
destroyed  the  arsenic,  but  I  cite  this  to  illustrate  the  point  I  named. 
No  ;  the  fact  is  that  he  put  it  in  the  barn,  and  the  next  day  intended 
to  make  use  of  it  for  the  purpose  he  bought  it  for.  As  to  the 
arsenic  differing  and  being  distinctly  separate  and  distinguishable,  I 
say  an  ambitious  expert  I  am  afraid  of,  and  an  unscrupulous  expert 
I  dread.  They  hold  the  keys  to  nature's  arcana.  The  things  that 
they  know  are  doled  out  to  ordinary  mortals  as  they  see  fit.  You 
know  so  much  of  these   locked-up  secrets  of  nature  as  those  learned 


THE    ARGUMENTS.  159 


men  see  fit  to  tell  you.  But  if  gentlemen  of  this  jury  do  not  know- 
that  fact  makes  it  absolutely  necessary  that  such  testimony  comes 
under  the  best  possible  guarantees.  I  say  it  is  dreadful  to  swear 
away  a  life  in  the  chance  that  this  may  differ  from  that  or  that. 

No,  gentlemen,  Mr.  Hayden  is  not  contradicted  on  this  matter. 
I  will  conclude  briefly.  You,  gentlemen,  must  not  conclude  that 
nobody  bought  arsenic  except  Hayden:  I  want  to  speak  a  word 
about  the  knives.  If  Hayden  didn't  have  that  knife  with  him  he 
didn't  cut  that  girl's  throat.  Now,  did  he  have  that  knife  ?  His 
wife  says  he  didn't.  Mrs.  Talcott  Davis  and  her  daughter  heard 
him  ask  for  it  the  next  day.  Mrs.  Hayden  tells  such  a  wonderfully 
clear  story  about  the  whereabouts  of  that  knife  that  I  must  allude  to 
it.  Mr.  Watrous  rehearsed  the  pear  peeling  with  the  use  of  that 
knife  and  the  other  intrinsic  evidences  he  claimed  of  the  perfect 
inherent  truth  of  her  story,  even  without  the  support  of  the  other 
witnesses.  If  that  little  story  is  true,  gentlemen,  have  you  a 
moment's  doubt  that  the  man  is  innocent  ? 

Mr.  Watrous  now  powerfully  summed  up.  Look,  he  said,  at  the 
accused  saying  good  bye  to  his  wife  as  he  goes,  as  the  State  would 
have  us  believe,  on  an  errand  of  murder.  He  gives  her  a  loving 
good  bye,  and  says  here's  a  kiss  for  you,  darling,  while  on  the  way. 
See  him  going  by  the  Burr  barn  and  by  the  turnip  patch,  scudding 
along,  going  to  murder  Mary  Stannard.  He  is  going  quickly,  as  if 
to  say  :  I  am  going  to  commit  a  terrible  murder  and  get  back  as 
quick  as  I  can  ;  and,  with  this  mission  before  him,  he  says,  my  dear 
wife,  and  leaves  her  an  affectionate  good-bye.  This  the  State  is 
driven  to  by  its  theory.  See  the  man  coming  back  from  his  terrible 
problem  of  murder,  with  his  little  boys  by  his  side,  turning  about  in 
the  way  and  throwing  a  kiss  to  the  mother  as  she  sits  by  the  window 
with  another  child,  a  new  born  babe,  in  her  arms.  I  say  to  you 
was  ever  such  tender  conduct  put  on  ?  iVgain  they  say  to  him  :  You 
changed  your  clothes,  did  you  ?  How  about  that  conduct  ?  Ah  !  he 
tells  the  simple,  natural  fact.  He  says  :  I  changed  them.  What 
does  he  do  with  them  ?  Throws  them  down  on  the  chamber  floor. 
They  were  not  washed,  by  a  Providence  of  God,  and  they  showed 
no  evidence  of  guilt.  Nobody  contradicts  him  at  all  in  this  except 
the  ubiquitous,  long-jointed  Luzerne  Stevens.  Mr.  Watrous  here, 
his  voice  rising  and  with  the  deepest  feeling  in  his  tones,  repudiated 
the  idea  of  a  verdict  in  the  second  degree,  stigmatizing  it  as  a  com- 


i6o  THE    ARGUMENTS. 


promise  and  subterfuge.  Mr.  Hayden  was  either  guilty  clear  to  the 
bottom  or  innocent  clear  to  the  top.  If  Mr.  Hayden  killed  that 
girl,  he  should  suffer  the  utmost  penalty  of  the  law,  and  it  will  be 
just.  But  do  not  be  wheedled  or  cajoled  as  to  a  compromise,  and  I 
say  that  Mr.  Hayden  is  either  guilty  of  the  crime  or  entitled  to  be 
acquitted.  This  my  client  demands,  and  most  justly.  If  satisfied 
that  there  is  a  reasonable  doubt  that  this  man  did  the  deed,  he  must 
be  acquitted,  he  must  go  free.  If  not  satisfied,  he  must  go  up.  My 
task  is  done.  Gentlemen  of  the  jury,  this  man's  life  is  in  your 
hands.  You  have  got  to  decide  whether  that  man  there  is  to  live 
or  die.  You  are  to  settle  whether  that  w^oman  henceforth  is  to  be  a 
widow  with  the  stinging  disgrace  that  her  husband  was  a  murderer. 
You  are  to  settle  whether  those  bright  little  children  shall  have  a 
father  whose  name  they  cannot  mention  but  with  a  blush  of  shame. 
You,  gentlemen,  are  to  say  whether  that  devoted  father,  whose 
attention  and  devotion  we  have  all  admired,  shall  be  sent  from  this 
court-house,  disgraced,  and  the  boy,  the  pride  of  his  household  and 
the  one  selected  to  be  a  minister  to  God's  people  on  earth,  shall  die 
a  malefactor.  And  that  loving  old  mother,  into  whose  honest  face 
you  could  not  look  but  with  sympathy.  She  looks  and  waits  upon 
your  lips  for  the  decision  which  shall  either  make  her  happy  again  with 
her  son,  her  innocent  son  free,  or  make  her  remaining  days  ten-fold 
more  wretched  because  convicting  him  of  a  terrible  crime.  So  do 
that,  in  the  hereafter,  there  will  be  no  little  lips  lisping,  as  they  point 
to  you  with  scorn  :  "There's  one  of  the  twelve  men  who  hung  an 
innocent  man  who  was  charged  with  crime  under  suspicious  circum- 
stances." So  do  your  whole  duty,  not  alone  to  the  whole  circle  of 
friends  to  this  man,  who  are  legion,  but  to  this  immediate  circle 
gathered  around  this  poor  man  ;  to  this  devoted  woman  who  has 
stood  and  watched  with  him  through  the  progress  of  this  trial.  I 
speak  particularly  of  this  whole  family  group,  and  of  those  little 
ones  who  are  not  here  to  witness  these  scenes.  So  do  your  duty 
with  that  group  that  their  hearts  shall  not  be  broken  ;  so  that  this 
much  persecuted,  much  wronged  man  will  be  restored  with  what  is 
left  of  life  and  joy  after  this  long  cruelty.  So  do  and  act  that  that 
man  shall  go  back  to  liberty,  to  his  wife,  his  father,  his  mother,  and 
darling  little  ones,  and  I  am  sure  God  Almighty,  reigning  above,  will 
record  that  verdict  in  the  great  book  to  your  everlasting  honor. 


THE    TRIAL    CLOSED. 


The  great  trial,  after  the  charge  of  Judge  Park  following  the 
arguments  of  counsel,  was  left  in  the  hands  of  the  jury  on  Friday, 
January  i6,  1880,  and  intense  excitement  prevailed  in  and  about 
the  New  Haven  court-house  during  that  day  and  the  succeeding 
days  until  the  case  was  disposed  of.  The  jury  were  kept  in  constant 
charge  by  Sheriff  Byxbee,  having  food  and  lodging  provided  for 
them.  What  their  deliberations  amounted  to  no  one  could  accurate- 
ly conjecture,  though  there  were  many  rumors  current,  and  finally  it 
was  generally  believed  that  the  delay  in  reporting  was  due  to  the 
refusal  of  a  single  man  to  agree  to  a  verdict  of  acquittal,  and  so  it 
proved.  Eleven  jurors  speedily  agreed  upon  a  verdict,  but  the 
twelfth  man  declined  to  go  with  them  ;  and  it  transpired  that  he 
refused  from  the  start  to  accept  the  testimony  of  Mr.  and  Mrs. 
Hayden  as  of  any  account  in  the  case,  though  basing  his  entire 
opinion  upon  the  purely  circumstantial  evidence  upon  which  his 
associates  were  convinced  of  Mr.  Hayden's  innocence.  There  has 
been  some  severe  criticism  of  this  single  juror's  conduct,  but  it  is  all 
a  matter  for  his  own  conscience,  and  lies  between  himself  and  Him 
who  understands  the  moving  motives  of  all  men. 

The  jury  finally  reported,  Monday  night,  after  being  out  nearly 
eighty-two  hours,  that  they  could  not  agree,  and  they  were  dis- 
charged. The  eleven,  as  they  left  their  seats,  warmly  greeted  both 
Mr.  and  Mrs.  Hayden,  and  the  scene  was  of  the  most  touching 
character. 

A  few  days  later  it  was  agreed  that  Mr.  Hayden  should  be 
released,  but  whether  upon  his  own  recognizance  or  upon  a  nominal 
bond  was  left  open.  With  but  little  delay  State  Attorney  Doolittle 
permitted  a  bond,  given  by  Mr.  Watrous  and  Mr.  L.  M.  Hubbard, 


i62  THE  TRIAL   CLOSED. 


of  the  counsel  for  the  defence,  to  be  taken,  and  thereupon  Mr. 
Hayden  was  released  from  custody. 

Before  leaving  jail  Mr.  Hayden  was  visited  by  a  reporter,  who 
printed  the  following  account  of  the  interview  : 

"Come  in,"  he  said,  in  a  pleasant  tone  of  voice.  "I'm  sure 
you're  heartily  welcome.  You  must  excuse  the  disorder  of  the 
apartment.     I  am  packing  up,  preparatory  to  departure." 

He  removed  his  shaving  cup  from  his  trunk,  to  make  a  seat  for 
Jesse  Shaw,  his  brother-in-law. 

"  I  want  to  ask  you  some  questions,  and  ask  permission  to  print 
your  answers,"  we  said. 

He  smiled.  "That's  honestly  put,"  he  replied.  "I  don't  know 
that  I  have  anything  to  say.  Perhaps  enough  has  already  been  said 
in  the  newspapers.  I  have  read  reports  of  conversations  in  some 
of  them  that  have  never  taken  place.  My  friends  feel  more  hurt 
about  them  than  I  do." 

He  was  then  asked  what  he  proposed  to  do  when  released.  His 
replies  were  manly,  and  devoid  of  religious  affectation.  During  his 
long  trial  he  has  borne  himself  more  like  a  stout-hearted  man  in 
trouble  than  like  a  representative  of  the  church.  If  he  has  trusted 
in  God,  he  has  trusted  in  Him  in  silence.  If  he  has  prayed  to  his 
Redeemer,  he  has  done  so  in  his  cell.  He  is  neither  pharisaical  nor 
hypocritical. 

"  Will  you  continue  in  the  ministry  ?  " 

Mr.  Hayden  shook  his  head.  "The  disagreement  of  the  jury 
has,  of  course,  blighted  my  ministerial  prospects,"  he  said. 
"  Nevertheless,  the  stewards  of  my  church  have  asked  me  to  return 
to  them.  Had  a  nolle  been  entered,  I  might  possibly  have  gone 
into  the  pulpit  once  more,  and  have  felt  at  liberty  to  preach. 
Placed  under  bonds,  my  mouth  is  practically  sealed." 

"  Is  the  report  that  you  have  written  an  autobiography  true  ? " 

"Yes,"  he  replied.  "I  have  prepared  the  manuscript  while  in 
confinement."  •• 


THE  TRIAL  CLOSED.  163 

"  I  have  had  ill  luck,"  Mr.  Hayden  said,  "  in  Connecticut.  I 
came  here  to  finish  my  education.  I  was  taken  sick  with  typhoid 
fever,  and  ill  luck  has  attended  me  ever  since.  But  I  have  had  a  few 
kind  friends,  and  the  value  of  such  friends  is  not  appreciated  until 
you  are  in  great  troul)le.  I  can  never  forget  those  who  have  stood 
by  me  in  this  hour  of  trial.  I  have  received  many  congratulatory 
letters  from  strangers  in  New  York  and  other  cities,  and  you  may 
say  that  I  feel  grateful  to  the  writers." 

Here  Mrs.  Hayden  and  the  little  boy  Lennie  entered  the  cell. 
The  devoted  wife  had  recovered  from  the  strain  of  the  trial.  Her 
face  beamed  at  the  prospect  of  her  husband's  release.  She 
embraced  and  kissed  him.  The  boy  climbed  over  the  foot  of  the 
cot,  crying  :  "I've  come  to  see  you,  papa."  Mr.  Hayden  caught 
him  in  his  arms,  and  both  father  and  mother  kissed  him  repeatedly. 

''  For  thirteen  months,"  said  the  clergyman,  "  I  did  not  see  my 
boy.  I  could  not  bear  to  have  him  brought  here."  He  fondly 
patted  the  little  head.  Lennie  is  a  bright,  active  urchin,  about  six 
years  old,  and  favors  his  mother  in  personal  appearance.  After 
gazing  curiously  around  the  cell,  he  asked  for  something  to  eat. 

"  Papa's  dinner  will  be  brought  in  directly,"  said  the  father,  "and 
Lennie  can  then  eat  with  papa.  Will  Lennie  sing  something  for 
this  gentleman  ?  " 

The  boy  slipped  from  the  little  cot  to  the  floor,  studied  the  face 
of  the  visitor,  and  in  a  low  voice  sang  : 

"  Alas!  and  did  my  Savior  bleed. 

And  did  my  Jesus  die  ? 

Did  he  resign  his  sacred  life 

For  such  a  worm  as  I  ?" 

A  moment  afterward  he  picked  up  a  rubber  band  and  twisted  it 

over   his    small    fingers   while   again    scrutinizing   the    face   of   the 

stranger.     Unconsciously  the  tune  changed.     He  turned  toward  tlie 

door,  singing  : 

"Oh,  dearest  Mae,  you're  lovelier  than  the  day; 
Your  eyes  so  bright  they  shine  at  night, 
When  the  moon  am  gone  away." 


1 64  THE  TRIAL   CLOSED. 


The  rubber  band  dropped  to  the  floor,  and  he  stooped  to  look  for 
it,  but  his  mother  caught  him  in  her  arms  and  passionately  fondled 
him.  While  running  her  fingers  through  his  hair  she  said  :  "  Len-. 
nie's  hair  is  too  long.  It  must  be  cut.  Uncle  Jesse  will  take  him  to 
the  barber." 

The  little  fellow  protested  on  the  ground  that  he  did  not  want  to 
leave  papa. 

"  Oh,  pa])a  will  soon  be  home  and  play  with  Lennie  as  he  used 
to  do  long  ago,"  Mr.  Hayden  said. 

Uncle  Jesse  arose  to  depart,  and  the  boy  sprang  to  his  father's 
arms.  As  he  left  the  cell  the  visitor  gave  him  a  silver  coin,  sug- 
gesting that  he  might  pass  a  candy  store  on  the  way  to  the  barber. 
Lennie  thanked  him,  saying  :  "I'll  put  this  with  my  other  money, 
and  I'll  soon  have  enough  to  pay  my  way  through   college." 

Mr.  and  Mrs.  Hayden  spent  several  days  with  their  dear  friends, 
Mr.  and  Mrs.  Brownson,  in  New  Haven,  and  then  bade  adieu  to  the 
many  kind  people  who  had  stood  by  with  words  of  cheer  in  every 
dark  hour.  Upon  their  departure  the  following  appeared  in  one  of 
the  New  Haven  morning  papers  : 

A     CARD. 

As  the  trying  scenes  of  the  last  sixteen  months  have  reached 
their  crisis,  and  we  are  about  to  leave  the  city,  our  hearts  swell  with 
gratitude  for  the  many  kindnesses  received,  not  only  from  old  and 
tried  friends,  but  also  from  those  who,  up  to  the  time  that  troubles 
encompassed  us,  were  to  us  strangers.  The  many  affectionate 
tokens  of  regard,  the  many  kind  wishes  expressed,  will,  we  are 
sure,  never,  never  be  forgotten.  We  shall  carry  with  us  through  life 
a  happy  remembrance  of  those  kind  offices,  and  can  only  say  as  a 
parting  word,  God  bless  each  and  every  one. 

HERBERT  H.  HAYDEN, 
ROSA  C.  HAYDEN. 
New  Haven,  January  29,  1880. 


DATE   DUE 

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